IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 8520 of 2011() ----------------------------------------- CRIME NO.394/2011 OF PAYYOLI POLICE STATION, KOZHIKODE DISTRICT -------------------------------- PETITIONERS/ACCUSED 1 TO 7 -------------------------------------------------- 1. SAJITH, S/O.KANARAN,AGED 32 YEARS, VADAKKE KOTTAL,IRINGAL,KOZHIKODE 2. ABDULLA,AGED 48 YEARS, S/O.HASSAN,PALLITHAZHE HOUSE, IRINGAL,KOZHIKODE 3. PRADOSH, S/O.BALAN,AGED 23 YEARS, CHETHIL HOUSE,IRINGAL,KOZHIKODE. 4. SURESH,S/O.CHOYI,AGED 30 YEARS, THATTANTEVIDA HOUSE,IRINGAL,KOZHIKODE. 5. BIJU, S/O.VIJAYAN,AGED 30 YEARS, KODATHIPARAMBIL HOUSE,KEEZHUR AMSOM DESOM, KOZHIKODE. 6. VINEESH,S/O.BABU,AGED 24 YEARS, NJEZHUKKAT THAREMMAL HOUSE, KOTTAKKAL,IRINGAL,KOZHIKODE. 7. VIJAYAN, S/O.NANU,AGED 45 YEARS, THEYYEDUTH HOUSE,IRINGAL,KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S)/ COMPLAINANT/STATE ------------------------------------------------------------- THE SUB INSPECTOR OF POLICE, PAYYOLI POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P.S.GOPINATHAN, J. ---------------------------- B.A.No.8520 OF 2011 ----------------------------- Dated this the 28th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused Nos. 1 to 7 in Crime No. 394/2011 of Payyoli Police Station for offences punishable under Sections 143, 147 and 448 read with 149 I.P.C. and Section 3(2)(e) PDPP Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is filed seeking an order directing the respondent to release the petitioners on bail in the event of arrest with a plea that they are innocent of the allegations. 2. Having heard either side, I find that, it would be appropriate to release the petitioners on bail on conditions. In the result, this petition is disposed of with direction to the petitioners to deposit Rs.One lakh, towards half of the damage assessed, before the Judicial Magistrate of the First Class, Payyoli and to report before the Investigating Officer, who, after interrogation, on satisfying the deposit as above, shall release the petitioners on bail on executing a bond for Rs.20,000/- with B.A.No.8520/2011 2 two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions. 1) Petitioners shall report before the Investigating Officer for interrogation as and when required. 2) Petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 3) This order shall be in force for a period of one month, within which period the petitioner shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioners and produce them before the Magistrate concerned. (P.S.GOPINATHAN, JUDGE) ps/29/11