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. 8464 of 2011() ---------------------------------------- CRIME NO.562/2011 OF KUMBLA POLICE STATION, KASARAGOD DIST. ................ PETITIONERS/ACCUSED 3 AND 4: ------------------------------------------------ 1. USMAN, S/O.MUHAMMED, KAPPOLAM KUNNIL HOUSE, P.K. NAGAR, ARIKKADY, KUMBLA P.O., KASARAGODE. 2. SIDDIQUE, KARLA HOUSE, ARIKKADY, KUMBLA P.O., KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT: ------------------------------------------------ THE SUB INSPECTOR OF POLICE, KUMBLA POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J. --------------------------------------- B.A No. 8464 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 No.3 and 4 in crime No. 562/2011 of Kumbla Police Station alleging offences punishable under Sections 420, 468, 471 read with section 34 of IPC and Section 20 of the Kerala Protection of River Bank and Regulation of Removal of Sand Act 2001. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondents 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 the petition is disposed of directing the petitioner to surrender before the Investigating Officer. The Investigating Officer, after interrogation, shall release the petitioners on bail on executing a bond for Rs.20,000/- with two solvent sureties each like amount to the satisfaction of the Investigating officer on the following conditions. B.A No.8464/2011 2 1. The petitioner shall report before Investigating Officer at 10.A.M. on alternate days and also as and when required. 2. 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) al