IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 8854 of 2011() ----------------------------------------- CRIME NO.1122/2011 OF ANCHALUMOODU POLICE STATION, KOLLAM DISTRICT. ................... PETITIONERS/ACCUSED ------------------------------------- 1. JOY, AGED 28 YEARS, S/O.BERNARD, JOY BHAVANAM, KALLOORVILA KIZHAKKETHIL, THRIKKADAVOOR VILLAGE, MATHILIL CHERI, KOLLAM DISTRICT. 2. THOMAS, AGED 29 YEARS, S/O.FRANCIS, KALLOORVILA KIZHAKKETHIL, THRIKKADAVOOR VILLAGE, MATHILIL CHERI, KOLLAM DISTRICT. 3. GEORGE, AGED 24 YEARS, S/O.FRANCIS, KALLOORVILA KIZHAKKETHIL, THRIKKADAVOOR VILLAGE, MATHILIL CHERI, KOLLAM DISTRICT. 4. WILSON, AGED 30 YEARS, S/O.BERNARD, JOY BHAVANAM, KALLOORVILA KIZHAKKETHIL, THRIKKADAVOOR VILLAGE, MATHILIL CHERI, KOLLAM DISTRICT. 5. JOHNSON, AGED 23 YEARS, S/O.JOSE, KALLOORVILA KIZHAKKETHIL, THRIKKADAVOOR VILLAGE, MATHILIL CHERI, KOLLAM DISTRICT. 6. SABASTIAN @ DEVASYA, AGED 45 YEARS, S/O.THOMAS, THEKKADATHU KAYALVARAM, KALLOORVILA KIZHAKKETHIL, THRIKKADAVOOR VILLAGE, MATHILIL CHERI, KOLLAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ANCHALUMOODU POLICE STATION, KOLLAM DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------- B.A. NO.8854 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 alleged to be accused in Crime No: 1122/2011 of Anchalumoodu Police Station for offences punishable under Sections 143, 144, 147, 148, 324, 353 and 307 r/w Section 149 IPC and Section 27 of the Arms Act. Apprehending, arrest, detention and torture at the hands of the Investigation 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. The learned Govt. Public Prosecutor submitted that the petitioners 1, 2 and 6 are accused 7, 8 and 9 and that the petitioners 3, 4 and 5 are not at all accused. The submission of the Public Prosecutor is recorded and the petition regards the petitioners 3, 4 and 5 is dismissed. The learned Public Prosecutor further submitted that the petitioners 1, 2 and 6 are involved in faction fight and that the release of the petitioners 1, 2 and 6 will cause law and order problem. On the other hand it is admitted that the first accused was arrested and released on bail. If that be so, there is no justification in denying such relief to petitioners 1, 2 and 6. In the above circumstance, this petition as regards petitioners 1, 2 and 6 are allowed and there would be direction to them to surrender before the Investigating B.A. NO.8854 OF 2011 2 Officer. The Investigating Officer, after interrogation and recovery, if any, shall release them 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. Petitioners shall report before the investigating Officer at 10.00AM on alternate days. 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 Kollam District without the previous permission. 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