IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 8800 of 2011() ----------------------------- PETITIONERS: ---------------------- 1. SURENDRAN, AGED 38 ,S/O.SREEDHARAN VALAYAMPARAMBIL HOUSE,,MINALUR P.O., KUKRANCHERY THRISSUR 2. BEESHA, AGED 34 W/O.SURENDRAN, VALAYAMPARAMBIL HOUSE,,MINALUR P.O., KUKRANCHERY THRISSUR BY ADV. SRI.M.R.SASITH PANICKER RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, WADAKKANCHERY POLICE STAION. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Scl. P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8800 OF 2011 -------------------------- Dated this the 7th day of December, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused 1 and 2 in Crime No.866/2011 of Wadakkanchery Police Station for offences punishable under Sections 406 and 420 IPC. Apprehending arrest, detention and torture at the hands of the Investigating Officer, the petitioner moved the Sessions Judge, Thrissur by Crl.M.C.1601/2011. By Annexure A2 order that petition was dismissed. Now, the petitioner has approached this court with the very same relief. 2. The learned counsel for the petitioner submitted that the second petitioner is not an accused and that the first petitioner is prepared to co-operate with the Investigating Officer and to deposit Rs.1,00,000/- towards the deceived amount. The learned Public Prosecutor submitted that if the first petitioner makes deposit, bail should be granted. B.A. NO. 8800 OF 2011 2 In the result, this petition as regards the second petitioner is dismissed, as the second petitioner is not an accused. The petitioner as regards the first petitioner is allowed with direction to the petitioner to deposit Rs.1,00,000/- before the trial court within 2 weeks and to surrender before the Investigating Officer. The Investigating Officer, after interrogation and on satisfaction of the deposit as above, 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. The amount in deposit shall be disbursed under the orders of the District Legal Services Authority or Taluk Legal Services Committee, if the case is settled between the parties or under the orders of the Civil court or this court or in final dispose of the case. P.S.GOPINATHAN, JUDGE amk