IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 9148 of 2011(C) ------------------------------------------ [CRIME NO.988/2011 OF CHENGANNUR POLICE STATION IN ALAPPUZHA DISTRICT] ................... PETITIONER/ACCUSED: ---------------------------------- 1. ANIL, S/O.RAJASEKHARAN PILLAI, AGED 25 YEARS, PLAKEEZHIL VEEDU, PADANADU KEEZVAN MURI, PADANADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 2. AJI, S/O.KRISHNA PILLAI, AGED 27 YEARS, KOTHIYODATHU VEEDU, PADANADU KEEZVAN MURI, PADANADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 3. GOPAN, S/O.KRISHNA PILLAI, AGED 28 YEARS, KOTHIYODATHU VEEDU, PADANADU KEEZVAN MURI, PADANADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 4. SUJITH, S/O.GOPALAKRISHNA PILLAI, AGED 25 YEARS, PLAKATTU VEEDU, PADANADU KEEZVAN MURI, PADANADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. 5. RAJEEVE @ KANNAN,S/O.RAMACHANDRAN NAIR, AGED 25 YEARS, PALACHARIL VEEDU, PADANADU PADJATTE MURI, PADANADU VILLAGE, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.S.GOPINATHAN, J ---------------------------------- B.A.No.9148 of 2011 ------------------------------------ Dated this the 1st day of December, 2011. ORDER Petitioners are accused 1 to 5 in Crime No.988/2011 of Chengannur Police Station, for offences punishable under Sections 143, 147, 148, 324, 379 and 452 r/w 149 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer,this petition is filed under Section 438 of the Code of Criminal Procedure 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 the allegations against the petitioners are that the petitioners being members of an unlawful assembly were armed with deadly weapons like iron rod and inflicted injuries on the defacto complainant. It was also alleged that they had also stolen a mobile phone belonging to the defacto complainant. The Government Pleader submitted that the first petitioner is involved in an earlier case as Crime No.312/2009 and that the arrangement for theft was made by the 5th petitioner. In the above circumstance, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of the Criminal Procedure. However, having heard the learned Government Pleader, it is seen that there is no serious allegation against petitioners 2 to 4 and therefore, they can be B.A.No.9148 of 2011 2 released on bail. 3. In the above result, this petition is disposed of with direction to the petitioners to surrender before the Investigating Officer. The Investigating Officer after interrogation and recovery, if any, shall release the petitioners 2 to 4 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) The petitioners 2 to 4 shall report before the Investigating Officer as and when required. 2) They 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) 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 petitioners and produce them before the Magistrate concerned. The petitioners 1 and 5 shall be produced before the Magistrate concerned, so as to enable them to apply for regular bail, which the learned Magistrate shall dispose of, on merits, if possible on the same day, provided due notice is given to the Assistant Public Prosecutor. P.S.GOPINATHAN, JUDGE su