IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Bail Appl..No. 8154 of 2007() ----------------------------- CRIME NO. 862/07 OF PERINTHALMANNA POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.7665/2007 Dated 18/12/2007 CRMP.3288/2007 of J.M.F.C.-I, PERINTHALMANNA .................... PETITIONER/ACCUSED NO.2. ----------------------------------------- HANEEFA, S/O. MOOSA, PATHARI HOUSE, PUTHANANGADI P.O., PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: DEFEACTO COMPLAINANT & STATE. ------------------------------------------ 1. THE SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/01/2008, ALONG WITH BA NO. 38 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 8154 of 2007 & 38 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of January, 2008 O R D E R These are second applications for regular bail. The petitioners face allegations in a crime registered under Section 376 and Section 3(2)(v) of the SC/ST (Prevention of Atrocities Act). The victim is a girl below the age of consent. The petitioners were arrested on 15.11.2007. They continue in custody from that date. The sexual intercourse of one of the accused was allegedly with the consent of the girl. The petitioners had come before this Court for regular bail earlier and this Court by order dt. 18.12.07 in B.A.Nos. 7665 & 7841 of 2007 dismissed the said applications conceding liberty to the petitioners to move for bail after 28.12.2007. Accordingly these applications are filed. Facts have been adverted to in detail in that order. This order must be read in continuation of that order. I am not hence adverting to facts in any greater detail in this order. B.A.Nos. 8154 of 2007 & 38 of 2008 2 2. The learned counsel for the petitioners pray, the learned Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can now be directed to be enlarged on bail subject to appropriate terms and conditions. 5. In the result: 1) These applications are allowed. 2) The petitioners shall be released on bail on the following terms and conditions. (a) The petitioners shall execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) They shall make themselves available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm B.A.Nos. 8154 of 2007 & 38 of 2008 3