IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Bail Appl..No. 4120 of 2010() ----------------------------- (CRIME NO.589/2010 OF NJARAKKAL POLICE STATION) PETITIONERS ------------------------------- 1. BIBIN @ KUTTAN MON, AGED 20 KARUPPANKADAVIL HOUSE, PUTHUVYPE VILLAGE, ERNAKULAM. 2. PREJITH @ TUTU, AGED 20 S/O.PRASAD, OLIYIL HOUSE SOUTH PUTHUVYPE, ERNAKULAM. 3. JITHIN @ JITHU AGED 20 YEARS S/O.SATHYAN, PULIKKAL HOUSE SOUTH PUTHUVYPE, ERNAKULAM. 4. SHANOJ @ VISHNU, AGED 20 YEARS S/O.KANAKAMBARAN, AZHEEKKAL HOUSE SOUTH PUTHUVYPE, ERNAKULAM. BY ADV. SRI.ALAN PAPALI SRI.JAI GEORGE SMT.M.S.KIRAN RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No.4120 of 2010 ------------------------------------ Dated this the 23rd day of July, 2010 O R D E R This petition is for bail. 2. The alleged offences are under Sections 376, 450 r/w 34 of IPC. According to prosecution, on 22/05/2010, at about 11 p.m, first accused trespassed into the house of de facto complainant and committed rape on her. Thereafter, accused numbers 2 to 4 trespassed into the house and committed rape on her. 3. Learned counsel for petitioners submitted that as per the allegations in the FIS, de facto complainant, who is a widow, who is residing alone in the house, came out of the house at about 11 p.m and went to the nearby house where a function was going on in connection with a marriage. As per the allegation, when she came back, first accused was inside the house and he committed rape on her. Thereafter, accused numbers 2 to 4 also came to the house and committed rape. According to petitioners, de facto complainant is of loose morals and no offence of rape committed. There were many persons in the immediate neighborhood and a function was going on in the neighboring house. If an offence was committed without the de facto complainant's consent, she B.A. No.4120 of 2010 2 could have easily attracted the attention of neighbors. Petitioners have not committed any offence. They are all aged 20 years. They had came for the wedding function in the neighborhood. They are in custody for the past 58 days. They were arrested on 25/05/2010. 4. Learned Public Prosecutor submitted that considering the stage of investigation, he has no objection in granting bail on conditions. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioners shall be released on bail on their executing bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioners shall report before the Investigating Officer on every Monday and Friday, between 10 A.M. and 1 P.M. ii) Petitioners shall not enter the limits of the police station within which the crime is registered, except for compliance of condition no.1. iii) Petitioners shall not influence or intimidate any witness or tamper with the evidence. This petition is allowed. vdv K. HEMA, JUDGE