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. 8341 of 2011() ----------------------------------------- CRIME NO. 433/2011 OF MANANTHAVADY POLICE STATION, WAYANAD DISTRICT. .............. PETITIONER (S): ACCUSED NOS. 1 & 2 ------------------------------------------------------- 1. KOSHY, AGED 46 YEARS, S/O VARGHESE, THEVARIL HOUSE, VEMOM P.O, MANANTHAVADY, WAYAND. 2. SHERLY KOSHY, W/O KOSHY, AGED 42 YEARS, THEVARIL HOUSE, VEMOM P.O MANANTHAVADY, WAYANAD. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): COMPLAINANT ------------------------------------------------- STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER, MANANTHAVADY POLICE STATION, REP. BY 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: tss P.S.GOPINATHAN, J ---------------------------- B.A. NO.8341 OF 2011 -------------------------- Dated this the 23rd day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos. 1 and 2 in Crime No.433/2011 of Mananthavadi Police Station for offence punishable under Section 420 r/w Section 34 IPC. 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 petitioners on bail in the event of arrest with a plea that they are innocent of the allegations. 2. Having heard either side, it is revealed that deceived amount is Rs.1,30,000/-. Therefore, the petitioners are directed to deposit Rs.1,30,000/- before the Chief Judicial Magistrate Court, Kalpetta and surrender before the Investigating Officer. The Investigating Officer, after interrogation and satisfaction of the deposit, 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:- 1. Petitioners shall report before the Investigating Officer as B.A. NO.8341 OF 2011 2 and when required. 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 them from disclosing such facts to the Court or to any police officer. 3. Petitioners shall not leave Wayanad District without the previous permission of the Investigating Officer. 4. This order shall be in force for a period of one month, within which period the petitioners shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioners and produce them before the Magistrate concerned. This amount, if deposited above, shall be disbursed only under the orders of a Civil Court or under the orders of District Legal Services Authorities, if dispute is settled between the parties or in the final disposal of the case or under the orders of this Court. P.S.GOPINATHAN, JUDGE amk