IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Bail Appl..No. 9304 of 2011(A) ----------------------------- PETITIONER(S)/2ND ACCUSED : -------------------------------------------- NISHIL V CHANDRAN, AGED 23 YEARS, THIRUNILATH HOUSE, PALLAMPILLY, ELANKUNNAPUZHA, ERNAKULAM DISTRICT BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S)/COMPLAINANT : ----------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, NJARAKKAL POLICE STATION, ERNAKULAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV.SRI.REJI JOSEPH, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: AMV P.S. GOPINATHAN, J. ---------------------------------------------------------- B.A.No. 9304 of 2011 ---------------------------------------------------------- Dated this the 12th day of December, 2011 ORDER Apprehending arrest, detention and torture at the hands of the Investigating Officer in Crime No.1407/2011 of Njarakkal Police Station for offences punishable under Sections 447, 341, 323, 326, 506(i) of I.P.C.,petitioner who is the second accused has filed this petition under Section 438 of the Code of the Criminal Procedure, 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 the petitioner is implicated on sufficient materials. However, taking note that the petitioner is aged only 23 years and there is no bad antecedent, I find it appropriate to allow this petition on conditions. In the result, this petition is allowed with direction to the petitioner to surrender 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 solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions: B.A.No. 9304 of 2011 2 1) The petitioner shall report before the Investigating Officer at 10.am on every Monday. 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) This Order shall be valid for one month, within which period,the petitioner shall apply for regular bail,failing which, the Investigating Officer can arrest the petitioner and produce him before the Court. P.S.GOPINATHAN, JUDGE su