IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Bail Appl..No. 8969 of 2011 -------------------------------------- [CR. NO.157/2011 OF THIDANADU POLICE STATION, KOTTAYAM DISTRICT] .................... PETITIONER/ACCUSED NO.1: ------------------------------------------- BIBIN, AGED 28 YEARS, S/O. KUNJAPPACHEN, MELAMPARA KARA, THALAPALAM VILLAGE, KOTTAYAM DISTRICT. BY ADVS. SRI.K.S.HARIHARAPUTHRAN, SRI.M.D.SASIKUMARAN, SRI.GEORGE MATHEW, SRI.DIPU JAMES, SRI.K.P.UNNIKRISHNAN (ELOOR). RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, THIDANADU POLICE STATION, KOTTAYAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.S.GOPINATHAN, J. ---------------------------- B.A.No.8969 OF 2011 ----------------------------- Dated this the 30th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 1st accused in Crime No. 157/2011 of Thidanadu Police Station for offences punishable under Sections 452, 506(ii) and 294(b) read with 34 I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, he moved a petition as Crl.M.P.No.3380/2011 before the Sessions Judge, Kottayam, who, by Annexure-I order dated 21.10.2011 dismissed the same. Now seeking the same relief, this petition is filed. 2. Having heard either side, I find that the dispute is between the neighbours and infact the defacto complainant has not sustained any injury. In the above circumstance, I find that the petitioner can be released on bail on conditions. In the result, this petition is allowed. 3. The petitioner shall report before the Investigating Officer. The Investigating Officer, after interrogation, shall B.A.No.8969/2011 2 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 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 the previous permission of the Court. 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. (P.S.GOPINATHAN, JUDGE) ps/30/11