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. 8448 of 2011() ----------------------------- CRIME NO.231/2011 OF VENMONY POLICE STATION, ALAPPUZHA DISTRICT. ------------------ PETITIONER/ ACCUSED --------------------------- DILEEPKUMAR B.PILLAI, KALEECKA DILEEP BHAVAN, VENMONY P.O., CHENGANNUR, ALAPPUZHA DIST. BY ADV. SRI.P.VINODKUMAR SRI.T.K.AJITH KUMAR RESPONDENT/ COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR, SRI.REJI JOSEPH 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.8448 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. Petitioner is the accused in Crime No. 231/2011 of Venomony Police Station for offence punishable under Section 420 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 they are innocent of the allegations. 2. Having heard either side, it is revealed that the allegation is regarding the non delivery of Rs.19.5 lakhs which the petitioner collected as compensation relating to the death of one Jagadamma A Thampi working at Doha. In the above circumstance, I find that it would be appropriate to release the petitioner on bail on conditions: i) The petitioner shall deposit Rs.20 lakhs before the District Collector, Alappuzha within ten days and surrender before the Investigating Officer. In the event the petitioner B.A.No.8448/2011 2 deposits the amount before the District Collector, Alappuzha and produces the document, after interrogation, the petitioner shall be released on bail on executing a bond for Rs.50,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions. 1) Petitioner shall report before the Investigating Officer for interrogation as and when required. 2) The District Collector, Alappuzha is directed to invest the amount in Fixed Deposit in a separate account and the matter shall be reported to the District Legal Services Authority, Alappuzha, which shall take appropriate steps for settling the dispute between the legal heirs of deceased Jagadamma A Thampi. The amount so deposited shall be disbursable only under the orders of the District Services Authority or of this Court or Civil Court. (P.S.GOPINATHAN, JUDGE) ps/18/11