IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 9134 of 2011() ----------------------------- OS.461/2011 of MUNSIFF COURT,MUVATTUPUZHA CRIME NO.162/2011 OF KUTTAMPUZHA POLICE STATION, ERNAKULAM DISTRICT. .................... PETITIONERS/ACCUSED 2 TO 6 ---------------------------------------- 1. MATHEW, AGED 65 YEARS, S/O.AGASTHY, ARANJANIYIL HOUSE, VADATTUPURA KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK. 2. SIJO, AGED 36 YEARS, S/O.BABY, VELLUVALLIYIL HOUSE, VADATTUPURA KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK. 3. BABY, AGED 66 YEARS, S/O.JOSEPH, VELLUVALLIYIL HOUSE, VADATTUPURA KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK. 4. RAJU, AGED 49 YEARS, S/O.KUTTAPPAN, MUTTEL HOUSE, VADATTUPURA KARA, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK. 5. SAINESH @ UNNI, AGED 27 YEARS, S/O.SASI, MUTTEL HOUSE, KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SMT.S.KARTHIKA RESPONDENT/COMPLAINANT ---------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA THROUGH S.I. OF POLICE, KUTTAMPUZHA POLICE STATION. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK P.S.GOPINATHAN, J ---------------------------------- B.A.No.9134 of 2011 ------------------------------------ Dated this the 23rd day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.2 to 6 in Crime No.162/2011 of Kuttampuzha Police Station for offences punishable under Sections 447and 434 read with Section 34 of the I.P.C and Section 3(1) of the PDPP Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondent to release the petitioners on bail in the event of arrest with a plea that they are innocent of the allegations. 2.Having heard either side, I find that it would be appropriate to release the petitioners on bail on conditions. In the result, this petition is allowed with a direction to the petitioners to deposit Rs.25,000/- before the Judicial First Class Magistrate concerned and to surrender before the Investigating Officer. The Investigating Officer after interrogation and on satisfaction of the deposit as above, shall release the petitioners 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: B.A.No.9134 of 2011 2 1) The petitioners shall report before the Investigating Officer as and when required. 2) Petitioners 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 them from disclosing such facts to the Court or to any Police officer. 3) Petitioners shall not leave Ernakulam District without the previous permission of the Investigating Officer. 4) This order shall be in force for a period of one month, within which period the petitioners shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioners and produce them before the Magistrate concerned. P.S.GOPINATHAN, JUDGE su