IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 9382 of 2011() ------------------------------------- IN CRIME NO. 560 OF 2011 OF MAYYIL POLICE STATION, KANNUR DISTRICT .................... PETITIONER/ACCUSED NO.2 & 3: ------------------------------------------------- 1. NABEEL.M.T, S/O. MUHAMMED, AGED 20 YEARS, MULLAPPALLI TAYYIL(H), NEDUVATT, KANNADIPARAMBA, P.O.NARATH, KANNUR DISTRICT. 2. MAHROOF.K.M, S/O. MUSTHAFA, AGED 21 YEARS, MATHODAM, KANNADIPARAMBU, P.O.NARATH, KANNUR DISTRICT. BY ADV. SRI.I.V.PRAMOD RESPONDENT(S) / COMPLAINANT: -------------------------------------------------- STATE OF KERALA (S.H.O.OF MAYYIL POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VPV P.S.GOPINATHAN, J ---------------------------------- B.A.No.9382 of 2011 ------------------------------------ Dated this the 24th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused nos.2 & 3 in Crime No.560/2011 of Mayyil Police Station, for offences punishable under Sections 341, 323, 324, 326 and 153 A r/w 34 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, this petition is 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. Having heard either side, I find that the place of occurrence is inside a gymnasium and that the injuries sustained to the victim are not of very serious. In the above circumstance, this petition is disposed with direction to the petitioners to surrender before the Investigating Officer. The Investigating Officer, after interrogation and recovery, with or without arrest, shall release the petitioners 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 petitioners shall report before the Investigating Officer at 10 am on every Thursday. B.A.No.9382 of 2011 2 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) 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 su