IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 8283 of 2011() ---------------------------------- CRMP.2643/2011 of DISTRICT COURT, PALAKKAD CRIME NO.452/2011 ALATHUR POLICE STATION, PALAKKAD .................... PETITIONERS/ACCUSED ---------------------------- 1. SAHIB NAZEER, S/O. SUBAIR, AGED 36 YEARS, C/O. CHANDRAN QUARTERS, BANK ROAD, ALATHUR, PALAKKAD DISTRICT. 2. SHARFUNNISSA, W/O. IMBRAHIM, AGED 29 YEARS, SAROJA SADAN, ALTHUR, PALAKKAD DISTRICT. BY ADVS. SRI.H.BADARUDDIN SMT.NILA. C.V. SMT.B.SHAMEERA RESPONDENT(S): COMPLAINANT -------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2. STATION HOUSE OFFICER, ALATHUR POLICE STATION, PALAKKAD - 678 001. BY PUBLIC PROSECUTOR SMT. S. HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------- B.A. NO. 8283 OF 2011 -------------------------- Dated this the 23rd day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos. 1 and 2 in Crime No.452/2011 of Alathur Police Station for offence punishable under Section 420 r/w Section 34 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 petitioners on bail in the event of arrest with a plea that they are innocent of the allegations. 2. Petitioners moved a petition as Crl.M.C. No.2643/2011 before the Sessions Judge, Palakkad. By Annexure A1 order that petition was dismissed. Now this petition. Having heard either side, I find that the relief sought for can be granted on condition. In the result, this petition is allowed with direction to the petitioners 1 and 2 to deposit Rs.30,000/- and Rs.28,000/- respectively before the Magistrate concerned and to surrender before the Investigating Officer. The Investigating Officer, after interrogation and satisfying the deposit as above, shall release the petitioners on bail on executing a bond B.A. NO. 8283 OF 2011 2 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. Petitioners shall report before the Investigating Officer 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 them from disclosing such facts to the Court or to any police officer. 3. Petitioners shall not leave Palakkad District without the previous permission of the Investigating Officer. 4. 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. Sd/- P.S.GOPINATHAN, JUDGE //True Copy// P.A to Judge