IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Bail Appl..No. 9019 of 2011(B) ------------------------------------------ [CRIME NO.537/2011 OF SHORNUR POLICE STATION - PALAKKAD DISTRICT] .................... PETITIONERS/ACCUSED 1 TO 5: ----------------------------------------------- 1. SHIBU, S/O.VASU. 2. KANNAN, S/O.GOPALAN. 3. UNNIKRISHNAN, S/O.KANNAN. 4. GOPALAN, S/O.KANNAN. 5. VASU, S/O.KANNAN. ALL RESIDING AT THACHOOTH HOUSE, CHUVANNA GATE, KULAPPULLY, SHORANUR, OTTAPALAM TALUK. BY ADVS. SMT.T.D.RAJALAKSHMI, SRI.R.SREEHARI. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, SHORANUR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.S.GOPINATHAN, J. ---------------------------- B.A.No.9019 OF 2011 ----------------------------- Dated this the 30th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos. 1 to 5 in Crime No. 537/2011 of Shoranur Police Station for offences punishable under Sections 143, 147, 148, 341, 324 and 326 read with 149 I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, they moved a petition as Crl.M.P.No.3154/2011 before the Sessions Judge, Palakkad, who, by Annexure-I order dated 25.10.2011 dismissed the same. Now seeking the same relief, this petition is filed. 2. Having heard either side, though it appears that the case was registered on sufficient materials, I find that it would be appropriate to direct the petitioners to surrender before the Investigating Officer. 3. In the result, this petition is disposed of with direction to the petitioners to appear before the Investigating Officer, who, after interrogation, shall release the petitioners on B.A.No.9019/2011 2 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. 1) Petitioners shall report before the Investigating Officer at 10. a.m. on every Wednesday. 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 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) ps/30/11