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. 9362 of 2011() CRIME NO. 832/2011 OF VARAPUZHA POLICE STATION, ERNAKULAM DISTRICT ----------------------------- PETITIONERS -------------------- 1. JAMES. K. C., AGED 34 YEARS, S/O. CHAKKAPPAN, KOTTAPARAMBIL HOUSE, DRIVER BY PROFESSION, SOUTH CHITTOOR, KOCHI - 27, ERNAKULAM. 2. ANTONY. K. P., AGED 33 YEARS, S/O. PETER, KALATHIPARAMBIL HOUSE, PAINTER BY PROFESSION, SOUTH CHITTOOR, KOCHI - 27, ERNAKULAM. BY ADV. SRI. K. K. JAYARAJ NAMBIAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S. H. O. VARAPUZHA POLICE STATION, ERNAKULAM. 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: PN P.S.GOPINATHAN, J ---------------------------- B.A. NO. 9362 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 1 and 2 in Crime No.832/2011 of Varapuzha Police Station for offences punishable under Sections 323, 324, 341 and 452 IPC. 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, it is evident that the petitioners had trespassed into the house of the defacto complainant and inflicted injuries on defacto complainant. The case was registered on sufficient materials. Though, in such circumstance in the ordinary cause, the petitioners are not entitled to the relief sought for, this petition is disposed of with direction to the petitioners to surrender before the Investigating Officer. The Investigating B.A. NO. 9362 OF 2011 2 Officer, after interrogation and recovery, if any, 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 :- 1. Petitioners shall report before the investigating Officer at 10.00 AM on every Tuesday till the investigation is complete. 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 Ernakulam District without previous permission. 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 petitioner and produce them before the Magistrate concerned. P.S.GOPINATHAN, JUDGE amk.