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. 9168 of 2011() ---------------------------------- (CRIME NO.565/2011 OF SASTHAMKOTTAH POLICE STATION, KOLLAM DISTRICT) .... PETITIONERS/ACCUSED ---------------------------- 1. SHAJI, VALIYAKALAYIL VEEDU, THUVAYOOR NORTH VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. 2. SATHYABHAMA, W/O. SHAJI, THUVAYOOR NORTH VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.K.MADHUSOODHANAN NAIR SRI.S.MOHANA KUMARAN NAIR RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, SASTHAMCOTTAH POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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.9168 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. Petitioners are accused Nos. 1 and 2 in Crime No: 565/2011 of Sasthamkottah Police Station for offences punishable under Sections 420, 417, 418 and 406 r/w 34 IPC. 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 petitioners on bail in the event of arrest with a plea that they are innocent of the allegations. 2. Having heard either side, it is revealed that the case arises out of a property dispute. In the above circumstance, there is no reason to decline this petition. In the result this petition is allowed and there would be direction to the petitioners to appear before the Investigating Officer. The Investigating Officer after interrogation shall release the petitioners on bail on executing a bond for Rs.25,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions :- 1. Petitioners shall report before the investigating Office for interrogation 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 him from disclosing such facts to the Court or to any police officer. 3. Petitioners shall not leave Kollam 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 petitioners shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioners and produce them before the Magistrate concerned. Sd/- P.S.GOPINATHAN, JUDGE The name of the Police Station “Sasthamkottah Police Station” occurring in the 3rd lind of first paragraph of the order dated 18-11-2011 in B.A.9168/2011 is corrected and substituted as “Shooranadu Police Station” vide order dated 09-02-2012 in Crl.M.A. 732/2012 in B.A.9168/2011. Sd/- Registrar (Judicial)