IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 Bail Appl..No. 6243 of 2010 (A) ----------------------------- (AGAINST THE ORDER IN C.M.C.NO.115/2010 OF JFCM COURT-I, PERAMBRA IN CRIME NO.232/2009 OF PERAMBRA POLICE STATION, KOZHIKODE) ----------- PETITIONERS/ACCUSED NO.2 & 3: ------------------------------------------------- 1. V.C.NARAYANAN, S/O.ANDI, AGED 50 YEARS, VADAKKECHALI (H), PALERY TOWN P.O., KUTTIYADI, KOZHIKODE DISTRICT. 2. VINODAN, S/O.KELAPPAN, AGED 32 YEARS, KOLLAM KANDY (H), PALERY TOWN P.O., KUTTIYADI, KOZHIKODE DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, I.V.PROMOD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6243 of 2010 ------------------------------------------------ Dated this the 8th day of October, 2010 ORDER In this petition filed under Section 439 Cr.P.C. the petitioners who are accused Nos.2 & 3 in Crime No.232 of 2009 of Perambra Police Station for offences punishable under Sections 376, 323, 452 & 354 read with Section 34 I.P.C. and 3(1)(XI)(XII) of SC/ST PA Act, seek their enlargement on bail. The petitioners were surrendered on 28/9/2010. 2. I heard the learned counsel for the petitioners and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioners, the present stage of investigation of the case, the other circumstances of the case etc. and having further regard to the fact that the victim has voluntarily stated before the Magistrate when her statement was recorded under Section 164 Cr.P.C. that she has no complaint against A1, I am inclined to grant bail to the petitioners with effect from a future date. Accordingly, the petitioners are directed to be released on bail with effect from 15/10/2010 on each of the petitioners Bail Appln.No.6243/2010 : 2 : executing a bond for Rs.15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Perambra and subject to the following conditions:- 1. The petitioners shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioners shall make themselves available for interrogation as and when required by the police till the filing of the final report. 3. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt to tamper with the evidence for the prosecution. 4. The petitioners shall not commit any offence while on bail. If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE skj