IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 7753 of 2011() ---------------------------------- (CRIME NO.NOT KNOWN TO THE PETITIONER CHANGANASSERY POLICE STATION) ..... PETITIONER --------------- SREEKUMAR, AGED 28 YEARS, S/O.BHASKARA PILLAI, PUZHAKKARAYIL HOUSE, VAZHAPPALLY.P.O., CHANGANASSERY, KOTTAYAM. BY ADV. SRI.B.PRAMOD RESPONDENT(S): -------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------- B.A. NO. 7753 OF 2011 -------------------------- Dated this the 2nd day of December, 2011. O R D E R Apprehending, arrest, detention and torture at the hands of the Sub Inspector of Police, Changnassery Police Station, this petition is filed under Section 438 of the Code of Criminal Procedure in a case not known to the petitioner, seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent. 2. The learned Govt. Pleader after taking instruction submitted that a case as Crime No.1902/2011 for offences punishable under Sections 406, 409, 465 and 471 IPC is registered against the petitioner and that the allegation is that the petitioner, who is a collection agent of a chitty establishment misappropriated the amount. Such being the nature of the allegation, I find that the request of the prosecution for custodial interrogation cannot be declined. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer. The Investigating Officer, after interrogation and recovery, if any, 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 B.A. NO. 7753 OF 2011 2 satisfaction of the Investigating Officer subject to the following conditions :- 1. Petitioner shall report before the investigating Officer for interrogation as and when required. 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. Petitioner shall not leave Kottayam District without previous permission. 4. 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. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge