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. 8939 of 2011(F) ------------------------------------------ [CRIME NO.1046/2011 OF GURUVAYOOR POLICE STATION, THRISSUR DISTRICT] .................... PETITIONER-IST ACCUSED: ---------------------------------------- RISHI ARAVIND, 35 YEARS, S/O.ARAVIND, GOKULAM HOUSING BOARD COLONY, P.O.GURUVAYOOR, CHAVAKKAD TALUK. BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN, SRI.K.S.RAJESH, SRI.N.K.SHYJU. RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, GURUVAYOOR. 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: Prv. P.S.GOPINATHAN, J ---------------------------------- B.A.No.8939 of 2011 ------------------------------------ Dated this the 1st day of December, 2011. ORDER Petitioner is the first accused in Crime No.1046/2011 of Guruvayoor Police Station, for offences punishable under Sections 420 r/w. 34 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, the petitioner moved Crl.M.C.No.1657/2011 before the Sessions Judge, Thrissur under Section 438 of the Code of Criminal Procedure. 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. The Sessions Judge, by Annexure A order, dismissed the same. Now seeking the same relief, this petition is filed. 2. Having heard either side, I find that the dispute is with regard to the money transaction between the petitioner and the defacto complainant, who are partners of a firm, which is constituted as per Annexure B partnership deed. The learned Government Pleader submitted that the Investigating Officer had obtained a complaint from a third party against the petitioner. However no case is registered. 3. In the above circumstance, I find that it would be appropriate to release the petitioner on bail on conditions. B.A.No.8939 of 2011 2 In the result, this petition is allowed. There will be an order directing 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) The petitioner shall report before the Investigating Officer as and when required. 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