IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 9131 of 2011() -------------------------------------- CRIME NO. 1948/2011 OF PALARIVATTOM POLICE STATION. ........... PETITIONERS ---------------------- 1. E.L.JOSE, S/O.LAWRENCE, AGED 81 YEARS, ELANJIKKAL HOUSE, EDAPPALLY POST, MAMANGALAM, ERNAKULAM. 2. RITA JOSE, W/O.E.L.JOSE, AGED 71 YEARS, ELANJIKKAL HOUSE, EDAPPALLY POST, MAMANGALAM, ERNAKULAM. 3. JOSEPH ANTONY LAWRENCE SOLAN, S/O.E.L.JOSE, ELANJIKKAL HOUSE, EDAPPALLY POST, MAMANGALAM, ERNAKULAM. 4. SHEEBA GEORGE, W/O.GEORGE, EARESSERY HOUSE, PALARIVATTOM LPS ROAD, ERNAKULAM. 5. SHEEN JUSTIN, W/O.JUSTIN, PUTHENVEETTIL HOUSE, MAMANGALAM, PJ ANTONY ROAD, ERNAKULAM. BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S): ------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN, J ---------------------------- B.A. NO.9131 OF 2011 -------------------------- Dated this the 25th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos. 1 to 4 in Crime No.1948/2011 of Palarivattom Police Station for offences punishable under Sections 498 A r/w Section 34 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, it is revealed that the petitioners are the husband, father-in-law, mother-in-law and sister-in-law of the defacto complainant and that the defacto complainant has infact sustained no much injury. In the above circumstance this petition is disposed of with direction to the petitioners 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/- B.A. NO.9131 OF 2011 2 with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions :- 1. Petitioners shall report before the Investigating Officer 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 them from disclosing such facts to the Court or to any police officer. 3. Petitioners shall not leave Ernakulam District without the previous permission of the Court. 4. Petitioners 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 petitioners and produce them before the Magistrate concerned. P.S.GOPINATHAN, JUDGE amk