IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 Bail Appl..No. 7983 of 2011() ----------------------------- MP.2093/2011 OF DISTRICT COURT, KALPETTA (CRIME NO. 834/2010 OF SULTHAN BATHERY POLICE STATION, WAYANAD DISTRICT) .................... PETITIONERS/ACCUSED 5 TO 7: ------------------------------------------- 1. SHYJU, S/O.POULOSE, AGED 33, MAMPILLIL HOUSE, PULPALLY P.O., PULPALLY AMSOM, SULTHAN BATHERY TALUK. 2. JOIS, S/O.JOY, AGED 39 YEARS, MUKALEL HOUSE, MARAKKADAVU, PADICHIRA AMSOM, SULTHAN BATHERY TALUK. 3. JOSEPH, S/O.JOHN, AGED 45, AMBALKUNNEL HOUSE, MARAKKADAVU, PADICHIRA AMSOM, SULTHAN BATHERY TALUK. BY ADV. SRI.P.CHANDY JOSEPH RESPONDENTS/ COMPLAINANT& STATE: --------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE SULTHAN BATHERY POLICE STATION. PUBLIC PROSECUTOR SMT. S. HYMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY, PASSED THE FOLLOWING: P.S. GOPINATHAN, J. = = = = = = = = = = = B.A. 7983 OF 2011 = = = = = = = = = = = = = DATED THIS, THE 13TH DAY OF DECEMBER, 2011. O R D E R Petitioners are accused 5 to 7 in Crime No. 834 of 2010 of Sulthan Bathery Police Station alleging offences under Sections 143, 147, 148, 342, 324, 323 & 149 of the Indian Penal Code. Apprehending arrest, detention and torture at the hands of the investigating officer, petitioners have come up with this petition under Section 438 of the Code of Criminal Procedure seeking an order directing the investigating officer to release them on bail in the event of their arrest. 2. Initially petitioners were not arrayed as accused. Learned Public Prosecutor would submit that they are subsequently arrayed as accused 5 to 7 and that only accused 1 to 4 were named by the defacto complainant at the time when First Information statement was given. Having heard either side, I find that the petitioners can be released on bail on conditions. In the result, this petition is allowed. There will be an order directing the petitioners to surrender before the investigating officer, who, after interrogation and after getting identified through the defacto complainant and other witnesses, if any, shall release the petitioners on bail on each of B.A. 7983/2011 2 them executing bond for Rs.25,000 (Rupees twenty five thousand) with two solvent sureties each for the like sum to the satisfaction of the investigating officer and on conditions (i) that they shall report before the investigating officer as and when required and (ii) that they shall not try to influence the witnesses or tamper with the evidence in the case. This order shall be valid for a period of one month within which time the petitioners shall apply for regular bail. In the event, the petitioners fail to apply for regular bail within the aforesaid period of one month, the investigating officer shall arrest and produce them before the magistrate concerned. P.S. GOPINATHAN, (JUDGE) knc/-