IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Bail Appl..No. 9888 of 2011() ----------------------------- CMP.9548/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.465/2011 OF CHANDERA POLICE STATION KASARAGOD DISTRICT .................... PETITIONERS/ACCUSED NOS.1 & 2 : --------------------------------------------------- 1. SURESHAN.V.V.,S/O.LATE KUNHAPPAN, AGED 33, VATTIAN VEETTIL, MANIYATTU, MANIYATTU VILLAGE, KASARAGOD DISTRICT. 2. SANTHOSH.V.V., S/O.LATE KUNHAPPAN, AGED 35, VATTIAN VEETTIL, MANIYATTU, MANIYATTU VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.J.MOHAMMED ANZAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE SHO, CHANDERA POLICE STATION IN KASARAGOD DIST., THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SMT.HIMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9888 of 2011 ---------------------------------------------- Dated this the 06th day of December, 2011 ORDER 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.465 of 2011 of Chandera Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 376, 406 and 420 of the Indian Penal Code. 3. The petitioners filed application for anticipatory bail on two occasions and those applications were dismissed. Thereafter, they surrendered before the Investigating Officer on 14/11/2011 and they were remanded to judicial custody on 15/11/2011. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the case diary. 5. The incidents of sexual abuse range from 2007 onwards. The F.I.R. was registered after the marriage of the first petitioner was solemnized. Bail Appln.No.9888/2011 : 2 : 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioners, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioners. 7. The petitioners shall be released on bail on their executing bond for `25,000/-(Rupees Twenty five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg, 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. Bail Appln.No.9888/2011 : 3 : 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 skj True copy P.A. to Judge