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. 9042 of 2011() ---------------------------------- (CRIME NO.717/2011 OF KONNY POLICE STATION, PATHANAMTHITTA DISTRICT) ....... PETITIONER/ACCUSED (A1) --------------------------------- SAJEEV MOHAMMED, AGED 37 YEARS,S/O.MOHAMMED HANIFA, ANZIA MANZIL, KALLELY P.O.,KONNY, PATHANAMTHITTA BY ADV. SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): & STATE ------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.717/2011 OF KONNI POLICE STATION, PATHANAMTHITTA DIST) 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: svs P.S.GOPINATHAN, J. ---------------------------- B.A.No.9042 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 accused in Crime No. 717/2011 of Konny Police Station for offences punishable under Sections 353 IPC, 132 and 197 of Motor Vehicles Act and Sections 20, 21 and 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act. 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 and taking note that the defacto complainant is a police officer, I find that the petitioner can be released on bail on conditions. In the result, this petition is allowed. 3. The petitioner shall report before the Investigating Officer within a week. The Investigating Officer, after B.A.No.9042/2011 2 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) Petitioner shall report before the Investigating Officer for interrogation 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. 3) Petitioner shall not leave Pathanamthitta District without the previous permission of the Court. 4) 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