IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 Bail Appl..No. 9308 of 2011() ---------------------------------- (CRIME NO.428/2011 OF VALLIKKUNNAM POLICE STATION, ALAPPUZHA DISTRICT) ..... PETITIONER/ACCUSED: ---------------------------- RAFI @ MOHAMMED RAFI, S/O.M.A.RAHIM, AGED 33 YEARS, RESIDING AT `CHENGAZHATHU ROSE HOUSE', PANMANA P.O., NADUVATHUCHEERI MURI, PANMANA VILLAGE, KOLLAM DISTRICT-691 583. BY ADVS. SRI.A.K.ABDUL AZEEZ SRI.C.D.ANIL SRI.RENJIT GEORGE RESPONDENT(S): STATE: ------------------------------ 1. THE SUB-INSPECTOR OF POLICE, VALLIKKUNNAM, ALAPPUZHA DISTRICT-690 501. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 030. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J. ---------------------------- B.A.No.9308 OF 2011 ---------------------------- Dated this the 22nd 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. 428/2011 of Vallikkunnam Police Station for offences punishable under Sections 420 and 406 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 petitioner on bail in the event of arrest with a plea that he is innocent of the allegations. 2. Having heard either side, it appears that the case arose out of an execution of certain kitchen works. Having due regard to the nature of the allegations, I direct the petitioner to surrender before the Investigating Officer within a week. 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. B.A.No.9308/2011 2 1) Petitioner shall report before the Investigating Officer for interrogation 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) Petitioner shall not leave Kollam District without the previous permission. 4) Petitioner 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 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) ps/24/11