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. 8979 of 2011() ---------------------------------------- CRIME NO.336/2011 OF RAJAOPURAM POLICE STATION. ........... PETITIONER/ACCUSED -------------------------------------- JOSEPH LUKA @ KUPPAZHAKAL JOSEPH, AGED 68 YEARS, KUPPAZHAKAL HOUSE, PADIMARUTHU.P.O., KODOTH VILLAGE, KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): STATE --------------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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: tss P.S.GOPINATHAN, J. --------------------------------------- B.A No. 8979 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 accused in crime No. 336 of Rajapuram Police Station for offences punishable under Section 307 of IPC. 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 allegation. 2. Having heard either side, it is revealed that the victim is the son of the petitioner and in between them there are so many civil disputes and that the petitioner is aged 68 years old. Therefore, I find that it would be just and proper to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. 3. In the result, this petition is allowed. There will be a direction to the petitioner to surrender before the Investigating Officer. The B.A No.8979/2011 2 Investigating officer, after interrogation, shall produce the petitioner before the Judicial Magistrate of First Class Hosdurg who 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 at 10 A.M. on every Wednesday and also as and when required until the final report is filed. 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) al