IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Bail Appl..No. 8367 of 2011() ----------------------------- CRIME NO.183/2011 OF PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT. PETITIONERS/ACCUSED NO.1 & 2: -------------------- 1. VASANTHAKUMARI, W/O.MUKUNDAN, AGED 48 YEARS, ASSISTANT MANAGER, DENTAL COLLEGE, PARIYARAM MEDICAL COLLEGE, PARIYARAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. MUKUNDAN, S/O.PAITHAL NAIR, AGED 50 YEARS, CHANDROTH HOUSE, MEDICAL COLLEGE P.O., PARIYARAM AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT: --------------- STATE REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM THROUGH S.H.O PARIYARAM MEDICAL COLLEGE POLICE STATION, KANNUR DISTRICT. PUBLIC PROSECUTOR, SMT.S.HYMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------- B.A.No.8367 OF 2011 ---------------------------- Dated this the 17th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused Nos. 1 and 2 in Crime No.183/2011 of Pariyaram Medical College Police Station for offences punishable under Sections 3 and 4 of the Price Chit and Money Circulation Banning Act, 1978 and 420 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, I find that this is a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. Therefore, I find that the petitioners can be released on bail on conditions. In the result, this petition is allowed. 3. The petitioners shall report before the Judicial Magistrate of 1st Class, Thaliparambu and deposit Rs.12,000/- B.A.No.8637/2011 2 (Rupees Twelve thousand only). On such deposit, the petitioners shall be released on bail on executing a bond for Rs.20,000/- with two solvent sureties each for like amount to the satisfaction of the Magistrate subject to the following conditions. 1) Petitioners shall report before the Investigating Officer for interrogation as 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 him from disclosing such facts to the Court or to any police officer. 3) Petitioners shall not leave Kannur District without the previous permission of the Court. 4) Petitioners shall not commit any offence while on bail. (P.S.GOPINATHAN, JUDGE) ps/22/11