IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 7864 of 2011() ---------------------------------- CMP.2633/2011 of DISTRICT COURT, PALAKKAD CRIME NO.212/2011 OF NATTUKAL POLICE STATION, PALAKKAD DISTRICT .................... PETITIONERS/ACCUSED NOS.1 TO 3 ------------------------------------------- 1. ISMAYIL, AGED 31 YEARS, S/O. MOHAMMED, KOORIKADAN VEEDU, PALAKKZHI, KARKIDAMKUNNU, ALANALLUR, MANARKKAD TALUK, PALAKKAD DISTRICT. 2. SHEREEF, AGED 34 YEARS, S/O. YOUSUF, RESIDING AT KOORIKADAN VEEDU, PALAKKZHI, KARKIDAMKUNNU, ALANALLUR, MANARKKAD TALUK, PALAKKAD DISTRICT. 3. SHIHAS, AGED 20 YEARS, S/O. SALAM, RESIDING AT KOORIKADAN VEEDU, PALAKKZHI, KARKIDAMKUNNU, ALANALLUR, MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, NATTUKAL POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------- B.A. NO. 7864 OF 2011 -------------------------- Dated this the 2nd day of December, 2011. O R D E R Petitioners are accused 1 to 3 in Crime No.212/2011 of Nattukal Police Station for offences under Sections 448, 341, 506(i), 294(b), 323, 324 and 326 r/w Section 34 IPC. Apprehending arrest, detention and torture at the hands of the Investigating Officer, they moved a petition as Crl.M.C.2633/2011 before the Sessions Judge, Palakkad. By Annexure A1 order that petition was dismissed for the reason that grave offence is alleged against the petitioners. Seeking same relief, this petition is filed. 2. Having heard either side, it is revealed that the first petitioner is the main aggressor and he was armed with chopper and stone and as a result of the assault, the defacto complainant had sustained injuries including fracture of the nasal bone. The involvement of the other petitioners is not much. In the result, this petition is disposed of with direction to the petitioners to surrender before the Investigating Officer, who, after interrogation shall release the petitioners 2 and 3 on bail on executing a bond for Rs.20,000/- with two solvent sureties each for the like amount to B.A. NO. 7864 OF 2011 2 the satisfaction of the Investigating Officer subject to the following conditions. 1. Petitioners 2 and 3 shall report before the investigating Officer as and when required. 2. They 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. They shall not leave Palakkad District without the previous permission of the Investigation Officer. 4. 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. The first petitioner shall be produced before the Magistrate concerned, so as to enable the petitioner to apply for regular bail, which the Magistrate shall dispose of on merits, on the same day, provided due notice is given to the Asst. Public Prosecutor. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge