IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 19TH MAY 2009 / 29TH VAISAKHA 1931 Bail Appl..No. 2569 of 2009() ----------------------------------- CRIME NO.195/2009 OF ALAPPUZHA NORTH POLICE STATION PETITIONERS/ACCUSED : ------------------------------ 1. VASANTHI,AGED 50 YEARS,W/O.PADMANABHAN, A.N.COLONY,MANNANCHERRY.PO,ALAPPUZHA. 2. BINDU, AGED 35 YEARS,W/O.ANIKUTTON, A.N.COLONY,MANNANCHERRY.PO,ALAPPUZHA. BY ADV. SRI.E.RAFEEK RESPONDENT : ----------------- THE STATE OF KERALA,ALAPPUZHA NORTH POLICE THROUGH THE PUBLLIC PROSECUTOR,HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.JIKKU JACOB THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ====================================== B.A.No.2569 of 2009 ====================================== Dated this the 19th day of May 2009 ORDER Petitioners are accused Nos.7 and 8 in Crime No.195 of 2009 of Alappuzha North Police Station for the offences under Sections 143, 147, 148, 149, 323, 324 and 308 IPC. Apprehending arrest, detention and torture at the hands of the investigating officer, the petitioners along with the other accused moved petition under Section 438 of the Code of Criminal Procedure before the learned Sessions judge, Alappuzha. But the application was dismissed for the reason that custodial interrogation of the petitioners are necessary. 3. Having heard either side, I find that the involvement of the petitioner is only throwing soil. Having due regard to the extent of involvement of the petitioner and on gender consideration, I find that custodial interrogation of the petitioners is not warranted. 4. In the result, this petition is allowed and it is hereby ordered that the petitioners shall be released on bail, in the event of arrest, on executing a bond for Rs.30,000/- (Rupees Thirty thousand only) each with two solvent sureties each for B.A.No.2569/2009 2 the like sum to the satisfaction of the Judicial First Class Magistrate I, Alappuzha on condition that the petitioners shall report before the Investigating Officer as and when required by him. P.S.GOPINATHAN, JUDGE css/