IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 5417 of 2011() ------------------------------------------ (CRIME NO.73/2011 OF KOIPURAM POLICE STATION,PATHANAMTHITTA) ..... PETITIONER/3RD ACCUSED: ------------------------------------------ K.C.GEORGE, KOCHUPARAMBIL VEEDU, MANARCAUD P.O., KOTTAYAM DISTRICT, MAVELIKKARA TALUK. BY ADV. SRI.C.B.SREEKUMAR RESPONDENT(S): ------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.73 OF 2011 OF KOIPURAM POLICE STATION). BY PUBLIC PROSECUTOR SMT. S.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J ---------------------------------- B.A.No.5417 of 2011 ------------------------------------ Dated this the 25th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 3rd accused in Crime No.73/2011 of Koipuram Police Station for offence punishable under Section 420, 468 and 120 B r/w. Section 34 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is 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. The learned counsel for the petitioner submitted that the petitioner is ready to furnish bank guarantee for the amount deceived and to surrender before Investigating Officer. Submission is recorded and this petition is disposed of with direction to the petitioner to furnish bank guarantee for Rs.8,06,250/- for a period of two years before the Chief Judicial Magistrate, Pathanamthitta and surrender before the Investigating Officer. The Investigating Officer, after interrogation and recovery, if any, and on satisfaction of the furnishing of bank guarantee as above, shall release the petitioner on bail on executing a bond for Rs.20,000/- with two solvent sureties B.A.No.5417 of 2011 2 each for like amount to the satisfaction of the Investigating Officer subject to the following conditions: 1) The petitioner shall report before the Investigating Officer 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. In the event, the case is not disposed within the period of two years, the Chief Judicial Magistrate, Pathanamthitta shall encash the bank guarantee before the expiry and the matter shall be reported to the District Legal Service Authority so as to enable the parties to have a settlement and for disbursal of the amount. In the event, no settlement could be arrived at, the amount so encashed shall be disbursible only under the orders of a Civil Court or this Court or in the final disposal of the case. Para 3 above shall be a condition for regular bail, even if the petitioners directly apply for regular bail. P.S.GOPINATHAN, JUDGE su