IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 7359 of 2011() ----------------------------------------- (CRIME NO.245/2011 OF THE EDACHERRY POLICE STATION,KOZHIKODE) .................... PETITIONER:ACCUSED: -------------------------------------- SREEJESH N., S/O.N.SREEDHARAN, AGED 25 YEARS, BUSINESS, THOTTATHIL HOUSE, CHEMBOLA P.O., - 673 308, VADAKARA TALUK, KOZHIKODE DISTRICT. BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE, BY ADV. SMT.SMITHA GEORGE, SRI.T.RAMPRASAD UNNI. RESPONDENT(S): STATE & COMPLAINANT: ----------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. THE STATION HOUSE OFFICER, EDACHERRY POLICE STATION, KOZHIKODE - 673 502. R1 & R2 BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.S.GOPINATHAN, J ---------------------------------- B.A.No.7359 of 2011 ------------------------------------ Dated this the 1st day of December, 2011. ORDER The petitioner is the accused in Crime No.245/2011 of Edacherry Police Station. Apprehending arrest, detention and torture at the hands of Investigating Officer, petitioner filed Crl.M.C.No.1123 of 2011 before the Sessions Judge, Kozhikode, seeking an order under Section 438 of the Code of the Criminal Procedure, directing the respondent to release him on bail, in the event of arrest, with a plea that he is innocent of the allegation. By Annexure-A Order, the learned Sessions Judge dismissed that petition. Now this petition seeking the same relief. 2. Having heard either side, I find that the allegation of the prosecution is that the petitioner objected the defacto complainant not taking bath in a public pond. Despite the objection, she took bath. Having got angry, the petitioner took the child of the defacto complainant and put into the water. The case of the petitioner is that, he is a swimming trainer and he denied the allegation and that since he refused to train the child, while others taking bath and the child himself went into the water. However, no casualty occurred. Having due regard to the nature of the offence, I dispose of this petition with direction to the petitioner to surrender before the Investigating Officer. The Investigating Officer after interrogation shall B.A.No.7359 of 2011 2 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 at 10.am on every Thursday. 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) 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