IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 9245 of 2011() ----------------------------------------- CRIME NO.536/2011 OF THAMARASSERY POLICE STATION, KOZHIKODE DISTRICT .................... PETITIONER/ ACCUSED 1 - 3 ---------------------------------------------- 1. VIBEESH, AGED 27 YEARS, S/O. GOPI, 3RD PLOT IN THE EXCESS LAND AT AMBAYATHODE, THAMARASSERY, KOZHIKODE TALUK. 2. SHIBU.V.A, AGED 44 YEARS, S/O. BICHEERAN, ALAPPADI KUNNUMAL HOUSE, AMBAYATHODE EXCESS LAND THAMARASSERY, KOZHIKODE TALUK. 3. RADHA KRISHNAN, AGED 48 YEARS, S/O. RAMU, 3RD PLOT IN EXCESS LAND AT AMBAYATHODE, THAMARASSERY, KOZHIKODE TALUK. BY ADV. SRI.DEVAPRASANTH.P.J. RESPONDENT(S): COMPLAINANT --------------------------------------------------- STATE OF KERALA, REPRESENTED BY SI OF POLICE, THAMARASSERY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ERNAKULAM.PIN-682 031 BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P.S.GOPINATHAN, J ---------------------------------- B.A.No.9245 of 2011 ------------------------------------ Dated this the 1st day of December, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused 1 to 3 in Crime No.536/2011 of Thamarassery Police Station, for offences punishable under Sections 143, 147, 148, 452, 341, 323, 324 and 326 r/w. Section 149 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer,this petition is 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 case was registered on sufficient materials; However, taking note that in the counter case, some of the ladies had also sustained injuries as evidenced by Annexure I series, I dispose of this petition with direction to the petitioners to surrender before the Investigating Officer, who 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 conditions: B.A.No.9245 of 2011 2 1) The petitioners shall report before the Investigating Officer as and when called for. 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) 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 su