IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 9181 of 2011() ----------------------------------------- CRIME NO.2462/2011 OF ALUVA POLICE STATION, ERNAKULAM. .................... APPLICANT/ACCUSED: ---------------------------------- K.S. ABDUL VAHAB, S/O.SULTHAN MOIDEEN, KANJIRAPARAMBIL, MANNAM P.O., NORTH PARAVOOR, PIN-683 520. BY ADV. SRI.G.HARIHARAN, SRI.PRAVEEN.H. RESPONDENTS/COMPLAINANT & STATE: -------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, ALUVA POLICE STATION, ERNAKULAM DISTRICT-683 101. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. BY PUBLIC PROSECUTOR SMT.S. HYMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------------- B.A.No.9181 of 2011 ------------------------------------ Dated this the 25th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.2462/2011 of Aluva Police Station for offence punishable under Sections 406 and 420 of the I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is 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 allegation. Having heard either side, I find that the case arose out of civil dispute, namely, agreement for sale of property. In the above circumstance, I dispose this petition directing the petitioner to surrender before the Investigating Officer, who 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) 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. B.A.No.9181 of 2011 2 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 Trial Court. P.S.GOPINATHAN, JUDGE su