IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 9218 of 2011(D) ----------------------------- (CRIME NO. 319/2011 OF POTHANICAD POLICE STATION, ERNAKULAM DISTRICT) PETITIONER/1ST ACCUSED ---------------------- SHAJI, AGED 40 YEARS, S/O.RAMAN, RESIDING AT CHANDAKUNNEL HOUSE, KADAVOOR VILLAGE, PAINGOTTUR, POTHANICAD - 686671, ERNAKULAM DISTRICT BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT/STATE AND DE FACTO COMPLAINANT ----------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, POTHANICAD POLICE STATION (INVESTIGATING OFFICER IN CRIME NO.319/2011), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, SHANMUGHAM ROAD, ERNAKULAM, COCHIN 682031. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dlk P.S.GOPINATHAN, J. ---------------------------- B.A.No.9218 OF 2011 ---------------------------- Dated this the 22nd day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 1st accused in Crime No. 319/2011 of Pothanicad Police Station for offences punishable under Sections 323, 324, 326, and 341 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 he is innocent of the allegations. 2. Having heard either side, it is revealed that the 2nd petitioner was already granted bail though after surrender before the Investigating Officer. In the result, this petition is allowed. 3. The petitioner shall report before the Investigating Officer within a week. The Investigating Officer, after interrogation and recovery, if any, shall release the petitioner on bail on executing a bond for Rs.15,000/- with two solvent B.A.No.9218/2011 2 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 at 10 a.m. on alternate Mondays and shall made available for interrogation as and when required. 2) Petitioner 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) Petitioner shall not leave Ernakulam District without the previous permission of the Court. 4) Petitioner shall not commit any offence while on bail. 5) 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) ps/24/11