IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 Bail Appl..No. 8295 of 2011() ---------------------------------------- CRL. MP. NO. 2482/2011 of SESSIONS COURT,KOLLAM ------------------------------------------------------------------ CRIME NO. 796/2011 OF PUTHOOR POLICE STATION . -------------- ---------------------------------------------------- PETITIONER(S)/ACCUSED-A3 ------------------------------------------ JACOB GEEVARGHESE, AGED 39 YEARS, S/O. GEEVARGHESE, MAPPILAYAZHIKATHU VEEDU, KARICKAL MURI, PUTHOOR, KOTTARAKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI. K.V.ANIL KUMAR RESPONDENT(S) COMPLAINANT: ----------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT. S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/11/2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING : NS P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8295 OF 2011 -------------------------- Dated this the 16th day of November, 2011. O R D E R The petitioner is the 3rd accused in Crime No.796/2011 of Puthoor Police station for offence under Section 353 of I.P.C. Apprehending, arrest, detention and torture at the hands of the investigating officer, he moved a petition under Section 438 of the Code of Criminal Procedure before the Sessions Judge, Kollam, who dismissed the petition as per Annexure C order. Now, he has approached this court seeking for the same relief. 2. Having heard either side, I find that no custodial interrogation is warranted. In the above circumstance, this petition is allowed and there is a direction to the investigating officer to release the petitioner on bail in the event of arrest, for a period of 2 weeks on condition that the petitioner shall execute a bond for Rs.20,000/- with two solvent sureties each for the like amount to the satisfaction of the investigating officer and should report before the investigation officer as and when required. This order shall be valid for a period of two weeks within which period the petitioner shall apply for regular bail, failing which the petitioner shall be arrested and produced before the Magistrate concerned. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge