IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 8222 of 2011() -------------------------------------- CRIME NO.312 OF 2011 OF THRITHALA POLICE STATION, PALAKAD DISTRICT ......................... PETITIONER(S) / ACCUSED: ----------------------------------------- 1. ARUNKUMAR, S/O.UNNI, EDAKKARA HOUSE, ANDATHODE P.O., THRISSUR DISTRICT. 2. JAYA, D/O.UNNI, EDAKKARA HOUSE, ANDATHODE P.O., THRISSUR DISTRICT. BY ADV. SRI.V.C.MADHAVANKUTTY RESPONDENT(S) / COMPLAINANT: -------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, THRITHALA POLICE STATION, PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VPV P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8222 OF 2011 -------------------------- Dated this the 29th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused in Crime No.312/2011 of Thrithala Police Station for offence under Section 498 A r/w Section 34 IPC. Apprehending, arrest, detention and torture at the hands of the investigating officer, the petitioners seek 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. The learned Public Prosecutor strongly opposes the petition. But, having due regard to the fact that the defacto complainant has not sustained any serious injury and that the case arises out of a matrimonial dispute, I find that it would be appropriate to release the petitioners on conditions. In the result, this petition is disposed of with direction to the petitioners to surrender before the Investigating Officer. The Investigating Officer, after interrogation, shall release the petitioners on bail on executing a bond for Rs.20,000/- with two B.A. NO. 8222 OF 2011 2 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 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. Petitioners shall not leave Thrissur District without the previous permission of the Investigating Officer. 4. This order shall be in force for a period of one month, within which period the petitioners 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 amk