IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 15TH MAY 2009 / 25TH VAISAKHA 1931 Bail Appl.No.2425 of 2009 ------------------------------ (CRIME No.101/2009 OF CHELAKARA POLICE STATION) .......... APPLICANT/IST ACCUSED: ----------------------------- ABBAS, S/O. THANGALKUTTY, PATTUKUDI, CHELAKKARA, THRISSUR. BY MR.P.SANTHOSH (PODUVAL), ADVOCATE. MS.R.RAJITHA, ADVOCATE. RESPONDENT/COMPLAINANT: --------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CHELAKKARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY MR.NOBLE MATHEW, PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/05/2009, ALONG WITH B.A.No.2392 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S GOPINATHAN, J. -------------------------------------- B.A. Nos.2392 & 2425 of 2009 -------------------------------------- Dated: MAY 15, 2009 ORDER The petitioners in B.A.No.2392/2009 are accused Nos.2, 3, 6, 7, 8, 9 and 10 in Crime No.101/2009 of Chelakkara Police Station for offences punishable under secs.143, 147, 148, 341, 283, 353 and 332 read with sec.149 IPC. The petitioner in BA 2425/09 is the 1st accused. Apprehending arrest, detention and torture at the hands of the investigating officer, the petitioners seek an order under sec. 438 Cr.P.C. 2. Having heard the parties, it is revealed that accused Nos.4 and 5 were arrested by the investigating officer and produced before the magistrate and later they were released on bail. Though the petitioners applied for similar order before the Sessions Judge, Thrissur, it was rejected for the reason that the offences alleged are very grave and serious. 3. The learned Public Prosecutor has fairly conceded that no serious injury was sustained to the de facto complainant who B.A. 2392 & 2425 of 2009 2 is a police constable. In the above circumstances no custodial interrogation of the petitioners is required. 4. In the result these petitions are allowed. There will be a direction that the petitioners shall be released on bail on executing bond for Rs.20,000/- (Rupees twenty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the investigating officer, in the event of the arrest of the petitioners on condition that the petitioners shall report before the investigating officer as and when required. P.S GOPINATHAN, JUDGE mt/-