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. 8714 of 2011 ----------------------------- (CRIME NO.940 OF 2011 OF KORATTY POLICE STATION, THRISSUR DISTRICT) --------- PETITIONERS/ACCUSED: -------------------------------- VIPIN, S/O.VIJAYAN, MALAYANPARAMBAN HOUSE, POOLANI DESOM, MELOOR VILLAGE, CHALAKKUDY, THRISSUR. BY ADV. SRI.M.B.PRAJITH RESPONDENT/COMPLAINANT: ----------------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, KORATTY POLICE STATION, (CRIME NO.940 OF 2011) KORATTY, THRISSUR. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK P.S.GOPINATHAN, J ---------------------------------- B.A.No.8714 of 2011 ------------------------------------ Dated this the 23rd day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.940/2011 of Koratty Police Station at for offences punishable under Sections 450 and 511 of 376 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondents 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, especially perusing Annexure AII, a notice issued by the husband of the defacto complainant, wherein it is stated that the defacto complainant had been talking to the petitioner on different mobile phones for hours and were on such terms even after marriage. The possibility for lodging complaint to escape from the anger of the husband cannot be ruled out. In the above circumstances, I find that it would be just and appropriate to release the petitioner on bail in conditions. In the result, this petition is allowed. There will be a direction to the petitioner to surrender before the Investigating Officer. The B.A.No.8714 of 2011 2 Investigating Officer after interrogation and medical examination, if any, 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) The petitioner shall report before the Investigating Officer 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 Thrissur District without the previous permission of the Investigating Officer. 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 su