IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Bail Appl..No. 9145 of 2011() ----------------------------- CRIME NO.228/2010 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM DISTRICT. .................... PETITIONER/ACCUSED ---------------------- K.S.SAIJU, S/O.V.J.SOMAN, AGED 47 YEARS, RESIDING AT USHUS, KAITHOTTUKONAM, ATHIYANNOOR VILLAGE, THALAYAL DESOM, NEYYATTINKARA TALUK. BY ADV. SRI.GRASHIOUS KURIAKOSE, SENIOR ADVOCATE SRI.GEORGE MATHEWS SMT.CELINE JOSEPH RESPONDENTS/ STATE AND DEFACTO COMPLAINANT -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. R.C.PUSHPARANI, W/O.SANIL KUMAR, CHARUVILAKATHU HOUSE, SEEMAMOOLA JUNCTION, VENCODE.P.O., THIRUVANANTHAPURAM-695 028. ADV. SRI.P.V.ANIL FOR R2 PUBLIC PROSECUTOR, SMT.S.HYMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------- B.A.No.9145 OF 2011 ----------------------------- Dated this the 8th day of December, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No. 228/2010 of Medical College Police Station for offences punishable under Sections 420 and 409 I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, he moved a petition as Crl.M.C.No.1956/2011 before the Sessions Judge, Thiruvananthapuram, who, by Annexure-I order dismissed the same. Now seeking the same relief, this petition is filed. 2. Though, prima facie, there are materials relating to the complicity of the petitioner, having heard either side, it appears that the offence alleged is relating to the availing of a loan from the bank by mortgaging the property of the defacto complainant, who is arrayed as 2nd respondent in this petition. In the above circumstance, I find that the petitioner can be released on bail on conditions. In the result, this petition is allowed. B.A.No.9145/2011 2 3. The petitioner shall report before the Investigating Officer. The Investigating Officer, after interrogation, shall release the petitioner 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 conditions. 1) Petitioner shall report before the Investigating Officer 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) 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/8/12