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. 9243 of 2011() ------------------------- CRIME NO. 926/2011 OF BALARAMAPURAM POLICE STATION, THIRUVANANTHAPURAM .............. PETITIONER / ACCUSED : -------------------------------------- 1. VIJAYA KUMAR, S/O. MANIYAN, MANNANCHIRA CHANNEL KARA HOUSE, BALARAMAPURAM TRIVANDRUM DISTRICT. 2. AJI KUMAR @ ANIKUTTAN, S/O. CHAKRAPANI, VANITHA BHAVAN, MCNRA, HOUSE NO.130, BALARAMAPURAM, TRIVANDRUM DISTRICT. BY ADV. SRI.P.K.SAJEEV RESPONDENT / COMPLAINANT : ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn P.S.GOPINATHAN, J -------------------------- B.A. NO.9243 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. Petitioners are accused in Crime No.926/2011 of Balaramapuram Police Station for offences punishable under Sections 341, 323 and 326 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, I find that the defacto complainant sustained injury and fracture on the nasal bone by throwing him with a piece of brick. Therefore, 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/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following B.A. NO.9243 OF 2011 2 conditions:- 1. Petitioners shall report before the Investigating Officer for interrogation 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 Thiruvananthapuram 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 petitioners shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioners and produce them before the Magistrate concerned. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge