IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 8635 OF 2011() ----------------------------- (CRIME NO. 680/2011 OF THALIPARAMBA POLICE STATION, KANNUR DISTRICT.) PETITIONERS/ACCUSED ---------------------------------- 1. SHIBU, S/O.BALAN, POOKKOTHU THERU,THALIPARAMBA, KANNUR DISTRICT. 2. VINEESH, S/O. MANOHARAN, POOKKOTHU THERU,THALIPARAMBA, KANNUR DISTRICT. 3. PULLAN SAJEEVAN, S/O. GOVINDAN, POOKKOTHU THERU,THALIPARAMBA, KANNUR DISTRICT. 4. PANCHALAN BABU,S/O. KRISHNAN POOKKOTHU THERU,THALIPARAMBA, KANNUR DISTRICT. 5. SARATH, S/O. SEKARAN, POOKKOTHU THERU,THALIPARAMBA, KANNUR DISTRICT. 6. ANOOP, S/O. VIJAYAN, POOKKOTHU THERU,THALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENTS: STATE AND DEFACTO COMPLAINANT -------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, THALIPARAMBA POLICE STATION, KANNUR DISTRICT. THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT. S. HYMA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.S. GOPINATHAN, J. = = = = = = = = = = = B.A. 8635 OF 2011 = = = = = = = = = = = = = DATED THIS, THE 18TH DAY OF NOVEMBER, 2011. O R D E R Application filed under Section 438 of the Code of Criminal Procedure. Petitioners are accused in Crime No. 680 of 2011 of Thaliparamba Police Station, in Kannur District for offences under Sections 341, 324 and 326 read with 149 IPC. Apprehending arrest, detention and torture at the hands of the investigating officer, petitioners have come up with this application. 2. Having heard either side, especially perusing Annexure A2 wound certificate issued by the Medical officer, where the defacto complainant has reported that he fell down after consuming alcohol, this petition is allowed. There will be a direction to the investigating officer to release the petitioners on bail in the event of their arrest on each of them executing bond for Rs.20,000/- (Rupees twenty thousand) with two solvent sureties each for the like sum to his satisfaction on the following conditions: (i) The petitioners shall make themselves available for interrogation as and when required. B.A. 8635/2011 2 (ii) The 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 and - (iii) Petitioners shall not leave the District without prior permission of the Court. This order shall be in force for a period of one month within which time petitioners shall apply for regular bail, failing which the investigating officer shall arrest them and produce before court. Sd/- P.S. GOPINATHAN, (JUDGE) // True copy // P.S. To Judge knc/-