IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Bail Appl..No. 7508 of 2011() ------------------------------------------ (CRIME NO.999/2011 OFKUNNAMKULAM POLICE STATION) .................... PETITIONERS/ACCUSED 2 TO 4: ---------------------------------------------- 1. EDWIN, AGED 48 YEARS, S/O.AUGUSTINE, KUNNISSERY HOUSE, NEAR SENIOR GROUND, KUNNAMKULAM, THRISSUR DISTRICT. 2. BAVA P.M., AGED 60 YEARS, S/O.MOIDUNNI, PALLATH HOUSE, VELLARAKKADU VILLAGE, PAZHIYOTTUMURI, KADANGODU P.O., ERUMAPETTY VIA., THRISSUR DISTRICT. 3. AMINA BAVA, AGED 46 YEARS, W/O.BAVA, PALLATH HOUSE, VELLARAKKADU VILLAGE, PAZHIYOTTUMURI, KADANGODU P.O., ERUMAPETTY VIA., THRISSUR DISTRICT. BY ADV. SRI.MADHU RADHAKRISHNAN RESPONDENT(S): COMPLAINANTS: ------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. S.I. OF POLICE, KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT. R1 &R2 BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S. GOPINATHAN, J. ---------------------------------------------------------- B.A.No. 7508 of 2011 ---------------------------------------------------------- Dated this the 12th day of December, 2011 ORDER Apprehending arrest, detention and torture at the hands of the Investigating Officer in Crime No.999 of Kunnamkulam Police Station for offence punishable under Section 420 of I.P.C, accused 2 to 4 filed a petition under Section 438 of the Code of the Criminal Procedure as Crl.M.C.No.1189/2011 before the Sessions Judge, Thrissur, seeking an order directing the respondents to release the petitioners on bail in the event of arrest, with a plea that they are innocent of the allegation. By Annexure 4 order, that petition was dismissed. Seeking the same relief, this petition is filed. 2. Having heard either side, it is revealed that the case arose out of a deposit for purchase of flats. and that the first petitioner is involved in yet another case with two others as Crime No.323/2010 of Vatanappally Police Station and this Court granted a similar relief as per order dated 22/6/2010 in B.A.No.3441/2010. It is also revealed by Annexure A1 and A2 that in between the defacto complainant and the first petitioner, there is an agreement for settlement of the dispute. B.A.No. 7508 of 2011 2 In the above circumstance, I find that it would be appropriate to allow this petition on conditions. In the result, this petition is allowed. There will be a direction to the petitioners to surrender before the Investigating Officer. The Investigating Officer after interrogation, shall release the petitioners 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 petitioners shall report before the Investigating Officer at 10.am on every Monday. 2) Petitioners 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 them from disclosing such facts to the Court or to any Police officer. 3) This Order shall be valid for one month, within which period, the petitioners shall apply for regular bail,failing which, the Investigating Officer can arrest the petitioners and produce them before the Court. P.S.GOPINATHAN, JUDGE su