IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 6968 of 2011(A) ------------------------------------------ [CRIME NO.577/2011 OF PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT] .................... PETITIONER/ACCUSED: ---------------------------------- SATHYAPALAN,S/O.CHAMI,AGED 46 YEARS, NOORAMKUNNATH HOUSE,ANGADIPURAM.P.O,MALAPPURAM DISTRICT,(PERINTHALMANNA POLICE STATION LIMIT). BY ADVS. SRI.K.V.PAVITHRAN, SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL, SRI.E.M.UNNIKRISHNAN (MANJERI), SRI.NIAS MOOPAN, SRI.K.C.ANTONY MATHEW. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA,(SHO PERINTHALMANNA POLICE STATION),REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.S.GOPINATHAN, J. --------------------------------------- B.A No. 6968 of 2011 --------------------------------------- Dated this the 23rd day of November 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the 2nd accused in Crime No. 577/2011 of Perinthalmanna Police Station for the offence punishable under Section 420 of IPC. 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 the petitioner filed a petition as CMC 915/2011 before the Sessions Judge, Manjeri. By Annexure A1 order that petition was dismissed. Now seeking the same relief this petition is filed and that the case was registered on sufficient materials and that a sum of Rs. 4.50 lakhs is the deceived amount. Though, in the usual course, I am not inclined to grant relief under Section 438 of the Code of Criminal Procedure, taking note that the petitioner himself was also subject to deceit, I find that it would be appropriate to release the petitioner on bail on conditions. B.A No.6968/2011 2 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 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. The petitioner shall deposit Rs.2 lakh in a nationalized Bank and produce the fixed deposit receipt before the Chief Judicial Magistrate. 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. This order shall be in force for a period of one month, within which the petitioner shall apply for regular bail, failing which the Investigating officer shall arrest the petitioner and produce him before the Chief Judicial Magistrate, Manjeri concerned. 4. The fixed deposit shall be released only under the orders of the Civil Court or by this Court or by trial court on conclusion of the trial. (P.S.GOPINATHAN, JUDGE) al