IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 8431 of 2011() -------------------------------------- CRIME NO.447/2011 OF ENATHU POLICE STATION, PATHANAMTHITTA DISTRICT. ........... PETITIONER (S): ACCUSED --------------------------------------- SAJEEVAN, S/O.RAGHAVAN, KADAMPADATHU KIZHAKKETHU, KAYALODE, KUNNIDA, ENADIMANGALAM, ADOOR. BY ADV. SRI. K.SHAJ SRI.SAJJU.S SRI.PRAVEEN THOMAS ABRAHAM RESPONDENT(S): / STATE ------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE ENATHU POLICE STATION, ENATHU. BY PUBLIC PROSECUTOR SMT.S.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8431 OF 2011 -------------------------- Dated this the 25th 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.447/2011 of Enathu Police Station for offences punishable under Sections 341, 323, 447 and 436 IPC. 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, I find that the petitioner had set fire to the hut of the defacto complainant and it was put into ashes and thereby the defacto complainant sustained damages to the tune of Rs.50,000/- .In the ordinary course, I find that this is not a fit case to invoke jurisdiction under Section 438 of the Code of Criminal Procedure. However, the learned counsel for the petitioner submitted that the petitioner is prepared to remit the damages before the Magistrate having jurisdiction. In the above circumstance, this petition is disposed of with direction to the petitioner to deposit Rs.50,000/- before the JFCM-1, Pathanamthitta and to apply for regular bail. In the event of deposit of that amount, the petitioner shall be released on bail on executing a bond for Rs.20,000/- with two solvent sureties each for like amount to the satisfaction of the Magistrate subject to the following conditions :- 1. Petitioner shall report before the Investigating Officer on every Friday for two months or till the investigation is over. 2. The learned Magistrate shall issue notice to the defacto complainant and to disburse the amount on proper receipt with due notice to the Thasildar. The Thasildar concerned shall oversee that the defacto complainant reconstructs the house with the amount so disbursed and render all assistance for reconstruction. P.S.GOPINATHAN, JUDGE amk