IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 Bail Appl..No. 1089 of 2010 CRIME NO.175 OF 2010 OF KADACKAL POLICE STATION, KOLLAM PETITIONERS/ACCUSED 1 & 2 --------------------------------------------- 1. DINESHAN @ PODIMON, S/O.THULASI, AGED 24 YEARS, KUNNIL HOUSE, PATTAZHIVATTOM, EDATHARA, KADACKAL, KOLLAM DISTRICT. 2. SUKUMARAN, S/O.KOCHUNARAYANAN, AGED 38 YEARS, CHARUVILA PUTHENVEEDU, EDATHARA, KADACKAL, KOLLAM DISTRICT. BY ADV. SRI.SYAM J SAM RESPONDENT: COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, KADACKAL POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1089 OF 2010 ------------------------------------------------------ Dated this the 2rd day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.175 of 2010 of Kadackal Police Station, Kollam District. 2. The offence alleged against the petitioners is under Section 511 of 366A read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 4.2.2010 at 4.45 PM, while the de facto complainant was returning from school, the accused persons came in an autorickshaw and compelled the de facto complainant to get into the autorickshaw. The first accused is the neighbour of the de facto complainant. The second accused is the uncle of the first accused. It is stated that the de facto complainant refused to get into the autorickshaw and she escaped by going to her uncle's house. The First Information Statement was lodged on 5.2.2010 at 7 PM. The petitioners were arrested on 5.2.2010. B.A. NO. 1089 OF 2010 :: 2 :: 4. It is stated that the first accused and the de facto complainant are neighbours and relatives. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioners on stringent conditions. 6. The petitioners shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kottarakara, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The first petitioner/first accused shall not enter into the limits of Kadackal Police Station for a period of two months except for complying with conditions (a) and (b); d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; B.A. NO. 1089 OF 2010 :: 3 :: e) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/