IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 8405 of 2011() ----------------------------- (CRIME NO.1625/2011 OF NEYYATTINKARA POLICE STATION, THIRUVANANTHAPURAM DIST.) ------ PETITIONER/ACCUSED: ------------------------- MOHANAN, S/O.VELAYUDHAN, AGED 49, M.V.BHAVAN, AYANIYARATHALA, THALAYAL, ARALUMMOODU P.O. BY ADV. SRI.R.T.PRADEEP RESPONDENTS: ------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK P.S.GOPINATHAN, J ---------------------------------- B.A.No.8405 of 2011 ------------------------------------ Dated this the 23rd day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.1625/2011 of Neyyattinkara Police Station for offences punishable under Sections 447, 294 (b), 323, 324, 354 and 308 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating 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 the petitioner was booked on sufficient materials. However, the learned Public Prosecutor submitted that no custodial interrogation is warranted. In the above circumstances, this petition is allowed and there would be a 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.8405 of 2011 2 1) The petitioner shall report before the Investigating Officer on 10 am on every Wednesday. 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 Thiruvananthapuram District without the previous permission of the Court. 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 petitioner and produce him before the magistrate concerned. P.S.GOPINATHAN, JUDGE su