IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Bail Appl.No. 4295 of 2009 ----------------------------- (AGAINST THE ORDER IN CRMP 9836/2009 IN CRMP.9835/2009 of J.M.F.C.-I, KOLLAM AND IN CRIME NO.682/09 OF KUNDARA POLICE STATION) .................... PETITIONERS/ACCUSED 2,4,5: ---------------------------------- 1. MANOJ S/O. SOMAN RESIDING AT RENTED BUILDING AJAY BHAVAN,MARTHANDAPURAM, PARAYAM CHERRY, MULAVANA VILLAGE, KOLLAM. 2. SIKHIN, S/O. SASIDHARAN, IDAYILAPPURA VEEDU, PERAYAM CHERRY, MULAVANA VILLAGE, KOLLAM. 3. RENJITH S/O. RAVEENDRAN, KIZHAKKECHARUVILA VEEDU, PAIKULAM, THALAPPALI TALUK, TRISSUR. BY ADV. SRI. K.SHAJ SRI.L.RAJMOHAN SRI.SAJJU.S RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI. TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4295 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of August, 2009 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.2, 4 and 5 in Crime No. 682 of 2009 of the Kundara Police Station. 2. The offence alleged against the accused persons are under Sections 366A and 376 read with Section 34 of the Indian Penal Code. 3. Accused Nos. 2 and 4 were arrested on 20.07.09 and accused No.5 was arrested on 19.07.09. They are in judicial custody. 4. As per the order dated 10th August 2009 in BA No.4179 of 2009, anticipatory bail was granted in favour of accused No.6. 5. It is submitted by the learned counsel for the petitioners that the allegation is that the first accused was in love with the victim girl. There is no case that the petitioners had any sexual relationship with the victim. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No.4295 OF 2009 -:2:- 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. 7. Petitioners shall be released on bail on their executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kollam, 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 petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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 ttb B.A. No.4295 OF 2009 -:3:-