IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 8323 of 2011() ----------------------------- (CRIME NO. 157 OF 2011 OF KUTTAMPUZHA POLICE STATION, ERNAKULAM DISTRICT.) PETITIONER/ACCUSED ---------------------------------- SHAJI, AGED 46 YEARS, S/O.M.A.DEVASYA,MADATHINAL, POOYAMKUTTY,ERNAKULAM. BY ADV. SRI.S.RAJEEV RESPONDENT/COMPLAINANT & STATE: --------------------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM (CRIME NO.157/2011 OF KUTTAMPUZHA POLICE STATION ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SMT. S. HYMA. THIS BAIL APPLICATION HAVINGCOME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S. GOPINATHAN, J. = = = = = = = = = = = B.A. 8323 OF 2011 = = = = = = = = = = = = = DATED THIS, THE 18TH DAY OF NOVEMBER, 2011. O R D E R This is a petition filed under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No. 157 of 2011 of Kuttampuzha Police Station alleging offence punishable under Section 377 I.P.C. Apprehending arrest, detention and torture at the hands of the investigating officer, petitioner seeks a direction to the respondent to release him on bail in the event of arrest. The learned Public Prosecutor submitted that in the nature of the allegation, the petitioner is to be interrogated and he is to be subjected to a potency test. In the above circumstances, this petition is disposed of with direction to the petitioner to surrender before the investigating officer, who, after interrogation, if necessary, subjecting the petitioner to medical test, shall produce him before the magistrate having jurisdiction, who shall release the petitioner on bail on his executing a bond for Rs. 20,000/- (Rupees twenty thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer, on the following B.A. 8323/2011 2 conditions: (i) The petitioner shall make himself available for interrogation as and when required. (ii) The 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 and - (iii) Petitioner shall not leave the District without prior permission of the Court. This order shall be in force for a period of one month within which time petitioner shall apply for regular bail, failing which the investigating officer shall arrest him and produce before court. P.S. GOPINATHAN, (JUDGE) knc/-