IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Bail Appl..No. 5826 of 2011() ----------------------------- (CRIME NO.33/2011 OF KASABA POLICE STATION, PALAKKAD) (S): PETITIONER/5TH ACCUSED. ------------------------------------------- JUSTIN RAJA, S/O.AROKYASWAMI UDAIYAR, NGO COLONY, VELAYUTHA NAGAR, KEERANUR P.O., KULATUR TALUK, PUTHUKOTTAI, PONDICHERY. BY ADV. SRI.VINOD KUMAR.C RESPONDENT(S): ------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON 14/11/2011 PASSED THE FOLLOWING: P.S.GOPINATHAN, J ------------------------------------ B.A.No.5826 of 2011 -------------------------------------------- Dated this the 14th day of November, 2011 ORDER Petition u/s.438 of the Code of Crl. Procedure. Petitioner is the 5th accused in Crime No.33/2011 of Kasaba Police Station. Apprehending, arrest, detention and torture at the hands of the investigating officer, the petitioner seeks an order directing the respondent to release the petitioner on bail in the event of arrest. It is submitted that the accused 1 to 4 were arrested and released on bail. In the above circumstances, I find no reason to reject the same relief to the petitioner. Therefore, this petition is disposed of with direction to the petitioner to report before the investigating officer at 10.00 a.m on 26.11.2011. The investigating officer, after interrogation, shall release him on bail on executing a bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties each for like amount to the satisfaction of the investigating officer on the following conditions: i) The petitioner shall report before the investigating officer at 10.a.m on every Monday. ii) The petitioner shall make himself B.A.No.5826 of 2011 2 available for interrogation including custodial interrogation as and when required by the investigating officer. iii) Petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. iv) Petitioner shall not leave Palakkad District without permission of this Court. v) This order shall be in force for a period of one month, within which time the petitioner shall apply for regular bail failing which the investigating officer shall arrest the petitioner and produce him before the magistrate. P.S.GOPINATHAN,JUDGE pm B.A.No.5826 of 2011 3 The date “26.11.2011” occurring in the 11th line of 1st paragraph of the order dated 14.11.2011 in B.A. 5826/2011 is corrected and substituted as “ or before 07.02.2012” vide order dated 01.02.2012 in Crl.M.A.622/2012 in B.A.5826/2011. Sd/- Registrar (Judicial)