IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 9262 of 2011() ----------------------------------------- CRIME NO.96/2011 OF POTHUKAL POLICE STATION, MALAPPURAM DIST. ............... PETITIONER/2ND ACCUSED ------------------------------------------ ROY THOMAS, S/O.THOMAS, THEKKESSERIL HOUSE, ERUMAMUNDA P.O., VIA. CHUNGATHARA, MALAPPURAM DISTRICT, PIN - 679 334. BY ADV. SRI.K.M.SATHYANATHA MENON, SRI.ARUN AJAY SHANKAR. RESPONDENTS/COMPLAINANT & STATE ------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, PUTHOKAL POLICE STATION, MALAPPURAM DISTRICT, PIN - 679 329. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 682 031. BY PUBLIC PROSECUTOR MR.REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------------- B.A.No.9262 of 2011 ------------------------------------ Dated this the 1st day of December, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the second accused in Crime No.96/2011 of Pothukal Police Station for offences punishable under Section 25(1B)(a) of the Arms Act. Apprehending arrest, detention and torture at the hands of the Investigating Officer, he moved petition as Crl.M.C.No.1377/2011, before the Sessions Judge, Manjeri seeking an order directing the respondents to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegation. The learned Sessions Judge dismissed the petition. Now the petitioner has come before this Court seeking the same relief. Having heard either side, I find that in the nature of the allegations, the interrogation of the petitioner is an absolute requirement during the investigation process. Therefore this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer on 19/12/2011, who 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 B.A.No.9262 of 2011 2 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. 3) 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. Sd/ P.S.GOPINATHAN, JUDGE