IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 5547 of 2011() --------------------------- CRIME NO. 428/2011 OF KATTOOR POLICE STATION, THRISSUR DISTRICT ................................... PETITIONER/ACCUSED NO. 5 : -------------------------------------------- BALAKRISHNAN, VATTAPPARAMBIL, THANISSERY, THRISSUR DISTRICT. BY ADVS. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN SRI.K.S.RAJESH SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT / COMPLAINANT : ------------------------------------------------ STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.I. OF POLICE, KATTOOR POLICE STATION, THRISSUR DT. BY PUBLIC PROSECUTOR SMT. S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn P.S.GOPINATHAN, J ---------------------------- B.A. NO.5547 OF 2011 -------------------------- Dated this the 23rd day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the fifth accused in Crime No.428/2011 of Kattoor Police Station for offences punishable under Sections 420 r/w Section 34 IPC and Section 3 and 4 of Prize Chit and Money Circulation Schemes (Banning Act). 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 petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. 2. Having heard either side, the petitioner is directed to deposit Rs.25,000/-, the amount deceived before the Judicial Magistrate of the First Class, Irinjalakkuda and surrender before the Investigating Officer. The Investigating Officer, after interrogation and on satisfaction of the deposit as above, shall release the petitioner 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. Petitioner shall report before the Investigating Officer as and when required. B.A. NO.5547 OF 2011 2 2. Petitioner 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. Petitioner 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 petitioner shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioner and produce him before the Magistrate concerned. This amount in deposit shall be disbursed only under the orders of a Civil Court or under the orders of District Legal Services Authorities, if dispute is settled between the parties or on final disposal of the case or under orders of this court. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge