IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 8208 of 2011 -------------------------------------- [CRIME NO.115/2011 OF VECHOOCHIRA POLICE STATION, PATHANAMTHITTA DISTRICT] .................... PETITIONERS/ACCUSED NOS 1 & 2: ---------------------------------------------------- 1. DILEEP MATHEW, AGED 39 YEARS, S/O.MATHEW,KIZHAKKEMURIYIL HOUSE, KOLLAMULA KUNNAM MURI,KOLLAMULA VILLAGE, VECHOOCHIRA. 2. PRADEEP MATHEW,AGED 41 YEARS, S/O.MATHEW,KIZHAKKEMURIYIL HOUSE, KOLLAMULA KUNNAM MURI,KOLLAMULA VILLAGE, VECHOOCHIRA. BY ADVS. SRI. K.SHAJ, SRI.SAJJU.S. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8208 OF 2011 -------------------------- Dated this the 2nd day of December, 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.115/2011 of Vechoochira Police Station for offences punishable under Sections 323, 324 and 308 r/w Section 34 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 revealed that the incident occurred at 9.45 PM at the court yard of the petitioners and there is a counter case in which the defacto complainant and other are accused for offences punishable under Sections 143, 147, 148, 149, 447, 323, 324 and 308 IPC. In the above circumstance, I find that it would be appropriate to release the petitioners on conditions. B.A. NO. 8208 OF 2011 2 In the result, this petition is allowed and there would be direction tot he petitioners to surrender before the Investigating Officer. The Investigating Officer, after interrogation and recovery, if any, with or without arrest, 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 for interrogation 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 them from disclosing such facts to the Court or to any police officer. 3. Petitioners shall not leave Pathanamthitta 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