IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Bail Appl..No. 8523 of 2011() ----------------------------- (CRIME NO.1008/2011 OF KILIKOLLOOR POLICE STATION, KOLLAM DISTRICT. PETITIONERS/ACCUSED NO.1,2,4,5&6 --------------------- 1. SANULAL, AGED 26 YEARS, S/O.MADHU SARASWATHY VILASAM, VIVEKANANDA NAGAR-14 KILIKOLLOOR CHERRY, KILIKOLLOOR VILLAGE, KOLLAM. 2. SUBASH, AGED 25 YEARS, S/O.SASIDHARAN, SULEKHA BHAVANAM, JANAKEEYA NAGAR-192, PATTATHANAM CHERRY, VADAKKEVILA VILLAGE, KOLLAM. 3. JAYAN, AGED 27 YEARS, S/O.SANKARANKUTTY, KUTTIKKATTUTHODIYIL, JANAKEEYA NAGAR-72, PATTATHANAM CHERRY, VADAKKEVILA VILLAGE, KOLLAM. 4. SHYAM, AGED 28 YEARS, S/O.MURALI, MAMKUNNATHU VEEDU, JANAKEEYA NAGAR-182, PATHANAM CHERRY, VADAKKEVILA VILLAGE, KOLLAM. 5. UNNI, AGED 37 YEARS, S/O.THANKAPPAN, P.H.HOUSE, KOTTIYAM, THAZHUTHALA VILLAGE, KOLLAM. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENTS/COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KILIKOLLOOR POLICE STATION, KILIKOLLOOR, KOLLAM. PUBLIC PROSECUTOR, SMT.S.HYMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S.GOPINATHAN, J. ---------------------------- B.A.No.8523 OF 2011 ---------------------------- Dated this the 17th day of November, 2011 O R D E R ~~~~~~~ Petition under Section 438 of the Code of Criminal Procedure. Petitioners are the accused Nos. 1, 2, 4, 5 and 6 in Crime No.1008/2011 of Kilikolloor Police Station for offences punishable under Sections 143, 147, 148, 452, 341, 323 and 324 read with 149 I.P.C. 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 petitioners on bail in the event of arrest with a plea that they are innocent of the allegations. 2. Having heard either side, I find that it would be appropriate to release the petitioners on bail on conditions. In the result, this petition is allowed. 3. The petitioners shall deposit Rs.25,000/- (Rupees Twenty five thousand only) before the Judicial Magistrate of 1st Class-I, Kollam within a week. The petitioners shall surrender before the Investigating Officer within ten days. The B.A.No.8523/2011 2 Investigating Officer, after interrogation, shall release the petitioners on bail on executing a bond for Rs.20,000/- with two solvent sureties each for like amount and on satisfaction of the deposit of Rs.25,000/- before the Magistrate subject to the following conditions. 1) Petitioners shall report before the Investigating Officer for interrogation as and when required. 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 him from disclosing such facts to the Court or to any police officer. 3) Petitioners shall not leave Kollam District without the previous permission of the Court. 4) Petitioners shall not commit any offence while on bail. 5) 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) ps/22/11