IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 8720 of 2011() ----------------------------------------- (CRIME NO.436/2011 OF VIDYANAGAR POLICE STATION, KASARAGODE DISTRICT) .......... PETITIONERS/ACCUSED: ---------------------------------------- MOHAMMED SHAREEF, S/O.KUNHI MAHINKUTTY, AGED 26, PALATHURNGAL, THEKKIL VILLAGE, THEKKIL P.O., KASARAGOD DISTRICT. BY ADVS. SRI.R.UDAYA KUMAR, SRI.JACOB E. SIMON. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, VIDYANAGAR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J ---------------------------- B.A. NO.8720 OF 2011 -------------------------- Dated this the 22nd day of November, 2011. O R D E R Petition is filed under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No: 436/2011 of Vidyanagar Police Station for offence punishable under Section 143, 147, 341, 323, 324, 332 353 r/w Section 149 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 petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. 2. Having heard either side, I find that it would be just and appropriate to allow bail. Hence, this petition is disposed of with direction to deposit Rs.7,500/-, the estimated loss sustained to the vehicle of the defacto complainant before the Judicial First Class Magistrate Court, Kasaragod and report before the Investigating Officer. The Investigating Officer after interrogation shall release the petitioner on bail on executing a bond for Rs.20.000/- with two B.A. NO.8720 OF 2011 2 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 Kasaragod District without the previous permission. 4. Petitioner shall not commit any offence while on bail. 5. 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 petitioners and produce him before the Magistrate concerned. P.S.GOPINATHAN, JUDGE amk