IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 Bail Appl..No. 8340 of 2011() ----------------------------- CRIME NO.432/2011 OF MANANTHAVADI POLICE STATION, WYANAD DISTRICT. AGAINST THE JUDGEMENT/ORDER IN BA.5372/2011 Dated 11/07/2011 CRMP.2616/2011 of DISTRICT COURT, WAYANAND , KALPETTA .................... PETITIONERS/ACCUSED NOS.1 & 2 -------------------- 1. KOSHY, AGED 46 YEARS, S/O VARGHESE, THEVARIL HOUSE, VEMOM P.O, MANANTHAVADY, WAYANDA. 2. SHERLY KOSHY, W/O KOSHY, AGED 42 YEARS, THEVARIL HOUSE, VEMON P.O, MANANTHAVADY, WAYANAD. BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT ------------------------------------ STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER, MANANTHAVADY POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.11.2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8340 OF 2011 -------------------------- Dated this the 16th day of November, 2011. O R D E R The petitioners are the accused Nos. 1 and 2 in Crime No.432/2011 of Mananthavadi Police Station, Wayanad for the offences under Section 420 r/w Section 34 IPC and under Sections 3 and 4 of Prize Chits and Money Circulation Schemes (Banning Act), 1978. Apprehending, arrest, detention and torture at the hands of the investigating officer, the petitioners moved the application under Section 438 of the Code of Criminal Procedure before the Sessions Judge, Wayanad by Annexure B order dated 01-10-2011 and that petition was dismissed. 2. Having heard either side, I find that the complicity of the petitioners cannot be ruled out. However, this application is disposed of on the following terms: - 1. Petitioners shall deposit Rs.75,000/- before the Chief Judicial Magistrate, Kalpetta within 2 weeks. 2. Petitioners shall report before the investigating officer within that period for interrogation. After interrogation the petitioners shall be released on bail. 3. Petitioners shall report before the investigating officer as and when called for. 4. Petitioners shall apply for regular bail within one month thereafter, failing which the petitioners shall be arrested and produced before the Magistrate concerned. P.S.GOPINATHAN, JUDGE amk