IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 9449 of 2011() -------------------------------------- CRIME NO. 1011/2011 OF ANCHAL POLICE STATION, KOLLAM DISTRICT ....................... PETITIONER/1ST ACCUSED: ------------------------------------------ BINUKUMAR, S/O.BHARGAVAN, SUNILS, PANAYANCHERI MURI, ANCHAL VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.LIJU. M.P RESPONDENT(S) / COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ANCHAL POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VPV P.S.GOPINATHAN, J ---------------------------------- B.A.No.9449 of 2011 ------------------------------------ Dated this the 24th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 1st accused in Crime No.1011/2011 of Anchal Police Station, Kollam District, for offence punishable under Section 379 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is 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 allegation. 2. Having heard either side, it appears that the case is relating to the theft and vending of 300 coconuts. In the result, this petition is disposed with direction to the petitioner to report before the Investigating Officer, who after interrogation and recovery, if any, with or without arrest, shall release the petitioner on bail on executing a bond for Rs.10,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions: 1) The petitioner shall report before the Investigating Officer 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. B.A.No.9449 of 2011 2 3) Petitioner shall not leave Kollam District without the previous permission of the Investigating 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 petitioner and produce him before the Magistrate concerned. P.S.GOPINATHAN, JUDGE su