IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Bail Appl..No. 9891 of 2011() ----------------------------- CRIME NO.1354/2011 OF NEYYATTINKARA POLICE STATION PETITIONER/2ND ACCUSED : -------------------------- BINU, S/O. THANKAPPAN @ SIVAPRASAD, KIZHAKKE THANNIKKAVILA VEEDU, MARUTHATHOOR, CHAIKKOTTUKONAM P.O., NEYYATTINKARA VILLAGE. BY ADV. SRI.G.SUDHEER RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. --------------------------------------------- Bail Appln.No.9891 of 2011 ---------------------------------------------- Dated this the 16th day of December, 2011 ORDER Petitioner is the second accused in Crime No.1354 of 2011 of Neyyattinkara Police Station, for offences under Sections 143, 147, 148, 149, 341, 323, 324 and 308 of the Indian Penal Code. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is filed under Section 438 of the Code of Criminal Procedure, seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he was falsely implicated. 2. Having heard either side, it is revealed that there is allegation of attempt to commit culpable homicide and deadly weapons were used. But, having regard to the fact that the de facto complainant had sustained only abrasions and the petitioner is aged 20 years, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer. The Investigating Officer, after interrogation, shall release the petitioner on bail on his executing bond for `20,000/- (Rupees Bail Appln.No.9891/2011 : 2 : Twenty thousand only) with two solvent sureties each for the like amount to the satisfaction of the Investigating Officer on the following conditions:- 1. The petitioner shall report before the Investigating Officer at 10 A.M. on every Friday; 2. The 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. P.S.GOPINATHAN, JUDGE skj True copy P.A. to Judge