IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Bail Appl..No. 10130 of 2011(A) ------------------------------------------- [CRIME NO.1168/2011 OF CHADAYAMANGALAM POLICE STATION IN KOLLAM DISTRICT] ............. PETITIONERS/ACCUSED 3 & 4: -------------------------------------------- 1. RAJESH,S/O RAJAN, POIKAVILA VEEDU, EDAKKODE, CHADAYAMANGALAM, KOLLAM DISTRICT. 2. UNNI,S/O.RAMACHANDRAN, SANDHYA VILASOM, EDKKODE, CHADAYAMANGALAM, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL. RESPONDENT/COMPLAINANT & STATE: ---------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, SASTHAMCOTTA POLICE STATION, KOLLAM DISTICT, THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. N. SURESH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.S.GOPINATHAN, J ---------------------------------- B.A.No.10130 of 2011 ------------------------------------ Dated this the 16th day of December, 2011. ORDER Petitioners are the accused 3 and 4 in Crime No.1168/2011 of Chadayamangalam Police Station for offence punishable under Section 379 r/w. Section 34 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, the petitioners filed Bail Application No.8622/2011 before this Court under Section 438 of the Code of the Criminal Procedure, 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. That petition was dismissed as withdrawn on 3/9/2011. Now seeking the same relief, this petition is filed. 2. Having heard either side, I find no merit in the submission that the petitioners would be arrested or tortured. For the last three months, the petitioners were at large and there was no attempt to arrest or torture. However, this petition is disposed of with direction to the petitioners to surrender before the Investigation Officer. who after interrogation and recovery, if any, 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.10130 of 2011 2 1) The petitioners shall report before the Investigating Officer at 10 am on every Friday. 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. P.S.GOPINATHAN, JUDGE su