IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 6424 of 2011() ---------------------------------- (CRIME NO.272/2011 OF THAMARASSERY POLICE STATION, KOZHIKODE DISTRICT) ....... PETITIONERS/ACCUSED ----------------------------- 1. ANSAR K.K., AGED 22 YEARS, S/O.MAJEED K.K., KANNANKUNNUMMAL HOUSE,THAMARASSERY, RAROTH VILLAGE. 2. ILLIAS K., AGED 42 YEARS, S/O.HASSAN, KUNNUMMAL HOUSE, RAROTH VILLAGE, THAMARASSERY. 3. NASAR K.S., AGED 36 YEARS,S/O.SULAIMAN, KANNANKUNNUMMAL HOUSE,THAMARASSERY, RAROTH VILLAGE. 4. SALEEM K.K., AGED 41 YEARS, S/O.MOOSA K.K., KURUTHOTTI KANDY, THAMARASSERY, RAROTH VILLAGE. 5. FAISAL, AGED 20 YEARS,S/O.HUSSAN, KANNANKUNNUMMAL HOUSE,THAMARASSERY, RAROTH VILLAGE. 6. ABDUL AZEES K.K., AGED 48 YEARS, S/O.MOOSAKUTTY, KANNANKUNNUMMAL HOUSE, THAMARASSERY, RAROTH VILLAGE. 7. BASHEER K.M., AGED 41 YEARS, S/O.MUHAMMED, KURUTHOTTI KANDY HOUSE, THAMARASSERY, RAROTH VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, THAMARASSERY POLICE STATION, KOZHIKODE DISTRICT, REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------------- B.A.No.6424 of 2011 ------------------------------------ Dated this the 24th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioners are some of accused in Crime No.272/2003 of Thamarassery Police Station for offences punishable under Sections 143, 147, 148, 452, 341, 323, 324, 308, 506(ii) and 427 r/w Section 149 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was 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, it is revealed that though iron rods are used, no much injuries were sustained to the victim. Whereas, it is seen that a car and the hotel building were damaged. The estimated damages is Rs.2,00,000/- In the above circumstances, this petition is disposed of with direction to the petitioners to deposit Rs.1,00,000/- before the Judicial First Class Magistrate, Thamarassery and surrender before the Investigating Officer, who after interrogation, with or without arrest and on satisfying the deposit as above, shall release the petitioners on bail on executing a bond for Rs.20,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions: B.A.No.6424 of 2011 2 1) The petitioners shall report before the Investigating Officer at 10.am on every Thursday. 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 them from disclosing such facts to the Court or to any Police officer. 3) Petitioners shall not leave Kozhikode 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. The amount in deposit shall be released only under the orders of the District Legal Service Authority or under orders of this Court or in the final disposal. P.S.GOPINATHAN, JUDGE su