IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 8997 of 2011() ----------------------------- SC.664/2011 of ADDL. DISTRICT COURT (ADHOC-III), KASARAGODE .................... (CRIME NO.430/2002 OF KUMBALA POLICE STATION,KASARAGODE DISTRICT) ..... PETITIONER- 3RD ACCUSED: -------------------------------------------- MOHAMMED HANEEF @ SADIQUE, S/O. MOOSA,BATTERI HOUSE,SHIRIYA P.O., KASARAGOD DISTRICT. BY ADVS. SRI.M.RAMESH CHANDER, SRI.ANEESH JOSEPH. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,KOCHI-31. BY PUBLIC PROSECUTOR SMT. S.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J ---------------------------- B.A. NO.8997 OF 2011 -------------------------- Dated this the 22nd day of November, 2011. O R D E R Petition is filed under Section 438 of the Code of Criminal Procedure. Petitioner is the 3rd accused in S.C. No: 664/2011 (a case split up from S.C.768/2001) on the file of the Additional District and Sessions Judge (Adhoc III), Kasaragod for offences punishable under Sections 143, 147, 148, 326, 308 and 427 r/w Section 149 IPC. Apprehending, arrest, detention and torture at the hands of the Investigation 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 allegations. 2. Having heard either side, it is revealed a non bailable warrant arrest is pending against the petitioner as he had not so far responded to the process issued. Therefore, this petition is disposed of with direction to the petitioner to surrender before the B.A. NO.8997 OF 2011 2 trial Court and to apply for regular bail. The learned Additional Sessions Judge on such application shall release the petitioner on bail, unless, otherwise required on executing a bond for Rs.15.000/- with two solvent sureties each for like amount to the satisfaction of the Additional Sessions Judge subject to the following conditions :- 1. Petitioner shall surrender his passport. 2. Petitioner shall not leave the jurisdiction of the Sessions Judge and shall be made available on every posting date. P.S.GOPINATHAN, JUDGE amk