IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 6627 of 2011() ------------------------------------ CRIME NO.1042/2011 OF KODUNGALLOOR POLICE, THRISSUR ....................... PETITIONER/ACCUSED: ------------------------------------ SIDHIQUE, AGED 52 YEARS, S/O. KOTTU MOHAMMED, 'PANDARAPARAMBIL VEEDU', AZHIKODE VILLAGE, AZHIKODE DESOM, KODUNGALLOOR, THRISSUR DISTRICT. BY ADVS. SRI.A. RANJITH NARAYANAN SRI.S.K. SAJU RESPONDENT(S) / COMPLAINANT: -------------------------------------------------- 1. STATE OF KERALA,REPRESENTED BY LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.I. OF POLICE, KODUNGALLOOR POLICE STATION, THRISSUR. *R2 IS IMPLEADED 2. SHAJI, AGED 42 YEARS, S/O. HARIDASAN, KAIPARAMBIL HOUSE, AZHIKODE VILLAGE, AZHIKODE DESOM, KODUNGALLOOR TALUK, THRISSUR DISTRICT. R2 IS IMPLEADED BY CRL.M.A.NO.6440/2011 ON 24.11.2011 RI BY PUBLIC PROSECUTOR SMT.S. HYMA R2 BY ADV. SRI. ANEESH JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VPV P.S.GOPINATHAN, J ---------------------------------- B.A.No.6627 of 2011 ------------------------------------ Dated this the 24th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.1042/2011 of Kodungalloor Police Station, for offence punishable under Section 153-A (2) of I.P.C. 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 petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. Defacto complainant filed a petition for impleading. Petition allowed. The learned counsel for the petitioner as well as for the defacto complainant was heard. The defacto complainant and the petitioner submitted that they settled the matter between them, and there is no dispute existing at present according to the counsel. The Government Pleader submitted that there is likelihood of communal fight in the locality, if bail is granted and the grant of bail to the petitioner may pave room for communal fight. But if the matter is settled between the parties, there is no likelihood of any further fight. On the other hand, denial of bail may some times persuade the party to breach the settlement. Taking stock of the submissions from either side, I direct the petitioner to surrender before the Investigating B.A.No.6627 of 2011 2 Officer, who 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: 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. P.S.GOPINATHAN, JUDGE su