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. 8606 of 2011() ----------------------------- (CRIME NO.228/2011 OF KATTOOR POLICE STATION, THRISSUR DIST.) ----------------- PETITIONER/2ND ACCUSED --------------------------------- SARATH T.P, S/O.PADMANABHAN, THEKKEKARA HOUSE,PANAMBADU, PURANGU P.O, MALAPPURAM DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT/STATE ------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, KATTOOR POLICE STATION, KATTOOR 680 702 ERNAKULAM DISTRICT. 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: VK P.S.GOPINATHAN, J ---------------------------------- B.A.No.8606 of 2011 ------------------------------------ Dated this the 23rd day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the second accused in Crime No.228/2011 of Kattoor Police Station for offence punishable under Section 420, r/w. Section 34 of I.P.C. 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 case arose out of a transaction for visa and that the petitioner on promise to give visa, obtained Rs.28,000/- But visa was not given. Though the complainant has got a case of payment of large amount, that payment was to the first accused, who is no more. The petitioner had obtained only Rs.28,000/- 3. In the above circumstances, it would be appropriate to release the petitioner on bail and on conditions. In the result, this petition is allowed. The petitioner shall deposit Rs.28,000/- before the Judicial First Class Magistrate, Iringalakkuda B.A.No.8606 of 2011 2 and then to surrender before the Investigating Officer. 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 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) Petitioner shall not leave Thrissur District without the previous permission of the Trial Court. 4) Petitioner 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 petitioner shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioner and produce him before the Magistrate concerned. P.S.GOPINATHAN, JUDGE su