IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 9053 of 2011() ---------------------------------------- CRIME NO.828/2011 OF MANGALAPURAM POLICE STATION ------------------------- PETITIONER/ACCUSED -------------------------------------- SHAUN RITHIN GOMEZ, MANAGING DIRECTOR, SHREE DEEPAM INFOTECH PVT. LTD., SBC-23, THEJASWINI BUILDING, TECHNOPARK, THIRUVANANTHAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SMT.NEENA JOSE.A SRI.THOSHIN.V.S. RESPONDENT(S): ---------------------------- THE STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM (RURAL, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P.S. GOPINATHAN, J. ---------------------------------------------------------- B.A.No. 9053 of 2011 ---------------------------------------------------------- Dated this the 7th day of December, 2011 ORDER Apprehending arrest, detention and torture at the hands of the Investigating Officer in Crime No.828/2011of Mangalapuram Police Station for offences punishable under Sections 143, 147, 148, 149, 395, 452, 506 (2) and 294(b) of I.P.C and Section 27 of the Arms Act, wherein petitioner is the first accused has filed this petition under Section 438 of the Code of Criminal Procedure, 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, I find that the case is registered against the petitioner on the basis of a private complaint, which was referred under Section 156(3) of the Code of Criminal Procedure. There was also a counter complaint. In the above circumstance, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer. The Investigating Officer, after interrogation, 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: B.A.No. 9053 of 2011 2 1) The petitioner shall report before the Investigating Officer as and when required. 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) 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. P.S.GOPINATHAN, JUDGE su