IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 8999 of 2011() ----------------------------------------- CRIME NO.1046/2011 OF ANCHAL POLICE STATION, KOLLAM DISTRICT. ............... PETITIONERS/ACCUSED 1 TO 5 ----------------------------------------------- 1. FAHAD, S/O.LATHEEF, ALUVILA VEEDU, THADIKKADU P.O., ANCHAL, KOLLAM DISTRICT. 2. THOUFEEK. S, S/O.SAHEER, THADATHIL MELATHIL PUTHEN VEEDU, THADIKKADU P.O., ANCHAL, KOLLAM DISTRICT. 3. SHAHIM, EETTIPOIKAYIL VEEDU, KARALAIKONAM P.O., ARKKANNOOR, KOTTARAKKARA, KOLLAM DISTRICT. 4. THOUFEEK A.N, S/O.ABDUL LATHEEF, THOUFEEK MANZIL, THADIKKADU P.O., ANCHAL, KOLLAM DISTRICT. 5. AJI NAZAR, S/O.NAZARUDEEN, 'NEST' THALACHIRA P.O., KOTTARAKARA, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S. HYMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S.GOPINATHAN, J ---------------------------- B.A. NO.8999 OF 2011 -------------------------- Dated this the 22nd day of November, 2011. O R D E R Petition is filed under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 5 in Crime No: 1046/2011 of Anchal Police Station for offences punishable under Sections 143, 147, 148, 323, 324 and 308 IPC. Apprehending, arrest, detention and torture at the hands of the Investigation 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. Having heard either side, I find that the petitioners are students of St.Johns College, Anchal, were the incident occurred. Though, the involvement of the petitioners cannot be ruled out, taking in to account that the petitioners are students. This petition is disposed of with direction to the petitioners to surrender before the Investigating Officer. The Investigating Officer after interrogation shall release the petitioners on bail on executing a B.A. NO.8999 OF 2011 2 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. Petitioners shall report before the investigating Officer at 10.00AM on alternate days. 2. Petitioners 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 them from disclosing such facts to the Court or to any police officer. 3. Petitioners shall not leave Kollam District without the previous permission of the Court. 4. Petitioners shall not commit any offence while on bail. 5. 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 petitioners and produce them before the Magistrate concerned. P.S.GOPINATHAN, JUDGE amk