IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Bail Appl..No. 3214 of 2009 CRIME NO.213 OF 2009 OF PAYYANNUR POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. ABDUL SALAM,AGED 25 YEARS,(A2), S/O.ABDUL KHADER,THALAYILLATH HOUSE, KARIVELLUR AMSOM,MANAKKAD, TALIPARAMBU TALUK, KANNUR DISTRICT. 2. ILLYAS,AGED 22 YEARS,(A3), S/O.MOHAMMED KUNHI,CHETTINTAKATH HOUSE, VALLUR AMSOM,KARAMEL. 3. SHAFEER,AGED 23 YEARS,(A4), S/O.ABDUL KHADER,CHENOTH,ARUMADI HOUSE, RAMATHALI AMSOM,VADAKKUMBAD,TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SMT.P.K.PRIYA SRI.K.V.SREE VINAYAKAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING S.H.O.,PAYYANNUR POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3214 OF 2009 ------------------------------------------------------ Dated this the 16th June, 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, 3 and 4 in Crime No.213 of 2009 of Payyannur Police Station. 2. The offence alleged against the petitioners is under Sections 376, 109 and 354 read with Section 34 of the Indian Penal Code. 3. The petitioners were arrested on 17.5.2009 and they are in judicial custody. Learned counsel for the petitioners pointed out that there is no case that the petitioners had committed the offence under Section 376 of the Indian Penal Code. The only allegation is that they abetted the commission of offence. It is also alleged that accused Nos.3 and 4 have committed the offence under Section 354 of the Indian Penal Code. 4. 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. B.A. NO. 3214 OF 2009 :: 2 :: 5. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class - I, Payyannur, 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 and Thursdays, 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 enter into the limits of Payyannur Police Station except for complying conditions (a) and (b); d) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; 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/