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. 8148 of 2011() ------------------------------------------ (CRIME NO.819/2008 OF VADAKKEKKARA POLICE STATION NOW NUMBERED AS CBCID CRIME 9/CR/SII/09 OF CB CID CRIME WING II, ERNAKULAM) ..... PETITIONER/8TH ACCUSED: ------------------------------------------ BINEESH KUMAR, AGED 33, S/O.SIVADASAN NAIR, CHAKKAMURI PARAMBU VEEDU, CHEMPUKADU P.O., KOOTHANNOOR VILLAGE, PALAKKAD DISTRICT. BY ADVS. SRI.P.A.MOHAMMED SHAH, SRI.A.HAROON RASHEED. RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, VADAKKEKKARA POLICE STATION, VADAKKEKKARA, ERNAKULAM (DISTRICT)- 683 522. 2. DETECTIVE INSPECTOR, CRIME BRANCH CID ORGANIZED CRIME WING-II, ERNAKULAM - 682 031. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. R1 TO R3 BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J. ---------------------------- B.A.No.8148 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. Petitioner is the 8th accused in CBCID Crime 9/CR/SII/09 of CB CID Organised Crime Wing-II, Ernakulam for offences punishable under Sections 489 A, B, C and D read with 34 I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition was filed seeking an order directing the respondent 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, it is revealed that accused Nos. 1 to 7 were already granted bail. In the above circumstance, I find no reason to decline the relief to the petitioner. In the result, this petition is allowed. 3. The petitioner shall report before the Investigating Officer within a week. The Investigating Officer after interrogation shall release the petitioner on bail on executing a B.A.No.8148/2011 2 bond for Rs.30,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions. 1) Petitioner shall report before the Investigating Officer at 10.am on every Monday. 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 Palakkad District without the previous permission of the Court. 4) Petitioner 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 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) ps/23/11