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. 7914 of 2011() ---------------------------------- (CRIME NO.325/2011 OF VILAPPILSALA POLICE STATION, THIRUVANANTHAPURAM DISTRICT) ...... PETITIONER/1ST ACCUSED -------------------------------- P.SAJITH KUMAR, S/O.PEETHAMBARA KURUP, P.K.VIHAR, PARUTHIPPALLI, MANNOORKARA VILLAGE, THIRUVANANTHAPURAM BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT(S): 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 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------------- B.A.No.7914 of 2011 ------------------------------------ Dated this the 24th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the first accused in Crime No.325/2011of Vilappilsala Police Station for offences punishable under Section 9B(1) (b) of Explosive Act and Section 304 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, 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, filed Crl.M.C.No.1396/2011 before the Sessions Court, Thiruvananthapuram. Learned Sessions Judge, by Annexure-I order dated 19/9/2011 dismissed the petition. Seeking the same relief, this petition is filed. 2. Having heard either side, it appears that the petitioner was implicated as owner of the property in which the crime occurred. Petitioner has no direct involvement. Therefore, I find no reason to decline the relief sought for. B.A.No.7914 of 2011 2 In the result, this petition is allowed directing the petitioner to surrender before the Investigating Officer, who after interrogation, with or without arrest 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.am on every Thursday. 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