IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 5240 of 2011() ---------------------------------- (CRIME NO.412/2011 OG KALPETTA POLICE STATION, WYNAD DISTRICT) ....... PETITIONER/ACCUSED --------------------------- SANTHOSH KUMAR.K, AGED 50 YEARS, S/O.VASUDEVAN, KELOTH KYLOTH HOUSE, SANU NIVAS, PUTHUPPANAM, VADAKARA. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE ----------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.412/2011 OF KALPETTA POLICE STATION, WYNAD DISTRICT). BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J -------------------------- B.A. NO.5240 OF 2011 -------------------------- Dated this the 18th day of November, 2011. O R D E R Petition is filed under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No: 412/2011 of Kalpetta Police Station for offences punishable under Sections 406 and 420 r/w 34 IPC and Sections 3 & 4 of Kerala Chitty Act, 1975. 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, I find that the amount received is only Rs.10,975/-. In the above circumstance, I find that this petition can be allowed and there would be direction to the petitioner to surrender before the Investigating Officer. The Investigating Officer after interrogation 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. Petitioner shall report before the investigating Office 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 Wayanad District without the previous permission of the Court. 4. Petitioner shall not commit any offence while on bail. 5. 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 amk