IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 9242 of 2011() ---------------------------------- (CRIME NO.1510/2011 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT) .... PETITIONER/ACCUSED --------------------------- ANSAR, AGED 28, S/O. ATHILUKUTTY, KOVOOR MALAYIL HOUSE, VIALIYAKULAM, KATTUKARA, THIRUVALLA, PATHANAMTHITTA. BY ADVS. SRI.K.S.MADHUSOODANAN SRI.THOMAS CHAZHUKKARAN SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR RESPONDENT(S): COMPLAINANT & FORMAL PARTY ----------------------------------------------------------- 1. STATE OF KERALA, TO BE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J -------------------------- B.A. NO.9242 OF 2011 -------------------------- Dated this the 29th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.1510/2011 of Thiruvalla Police Station for offences under Sections 52 A r/w Section 68 A, 51 r/w Section 63 and 65 of the Copy Right Act, 1957. Apprehending, arrest, detention and torture at the hands of the Investigation Officer, this petition is 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. Though, the learned Public Prosecutor sought time on more than two occasions to take instruction, today, it is submitted that the Investigating Officer had gone on pilgrimage and he did not get instruction. In the above circumstance, I find that it would not appropriate to adjourn the case any further, but to give a direction to the Investigating Officer to release the petitioner on bail in the event of arrest. In the result, this petition is disposed of with direction to the petitioner 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. Petitioner shall report before the investigating Officer as and when required. B.A. NO.9242 OF 2011 2 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 Kollam District without permission of the Investigating Officer. 4. 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 amk