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. 8593 of 2011() ---------------------------------- (CRIME NO.612/2011 OF VIYOOR POLICE STATION, THRISSUR DISTRICT) .................... PETITIONERS/ACCUSED ----------------------------- 1. RAVINDRAN, S/O. T.N. NAIR, 'DURGA NIVAS', P.O. KOLAZHY, THRISSUR. 2. PREETHA RAVI, W/O. RAVINDRAN, 'DURGA NIVAS', P.O. KOLAZHY, THRISSUR. BY ADVS. SRI.JIJO PAUL SMT.T.RESMI DAMODARAN RESPONDENT(S): STATE ----------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VIYOOR POLICE STATION, THRISSSUR, THROUGH-THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SMT. S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------- B.A. NO.8593 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. Petitioners are accused in Crime No.612/2011 of Viyoor Police Station for offences punishable under Sections 420 and 506(i) r/w Section 34 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 petitioners on bail in the event of arrest with a plea that they are innocent of the allegations. 2. The petitioner had earlier moved a petition for same relief as Crl.M.C.No.1501/2011 before the Sessions Judge, Thrissur. By Annexure A1 Order, it was dismissed. Now seeking the same relief, this petition was filed. 3. Having heard either side, I find that as observed by the Sessions Judge, the transaction involves high amount and that having due regard to the facts and circumstances, I find that the B.A. NO.8593 OF 2011 2 request of the prosecution for custodial interrogation cannot be declined. In the result, this petition is disposed of with direction to the petitioner to surrender before the Investigating Officer, who, after interrogation with or without arrest, shall produce the petitioner before the Magistrate concerned, so as to enable the petitioner to apply for bail, which the Magistrate shall dispose of on merits, if possible, on the same day provided, due notice is given to the Assistant Public Prosecutor. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge