IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 Bail Appl..No. 3798 of 2010() ----------------------------- CRIME NO.363/2010 OF MATTANNUR POLICE STATION, KANNUR. (S): PETITIONERS/ACCUSED NOS. 1, 2 & 4 ----------------------------------------------------- 1. K.ARSHAD, S/O.HAMEED, AGED 28 YEARS, "KARIYAMBATH", PALLITHAZHE, THALASSERY. 2. SHAFI, S/O.ABDUL RAHIMAN, AGED 28 YEARS,'DARUL MINNATH', THOTTADA, KANNUR. 3. K.P.THAJVEER, AGED 28 YEARS, S/O.ABDUL SATHAR, THACHARANAAM VEEDU (PRADEEKSHA), PALLITHAZHA, THALASSERY. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.363 OF 2010 OF MATTANNUR POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3798 of 2010 ---------------------------------------------- Dated 29th June, 2010. O R D E R This petition is for bail. 2. The alleged offence is under Section 376 of the Indian Penal Code. According to prosecution, all the petitioners had committed gang rape on defacto complainant, who is aged 23 years. 3. Learned counsel for petitioners submits that petitioners (accused nos.1, 2 and 4) are in custody for the past 52 days, with effect from 8.5.2010. This is the third application for bail. 4. Learned Public Prosecutor submits that taking into consideration the stage of investigation, he has no objection in granting bail to petitioners, but stringent conditions may be imposed. 5. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence, the following order is passed : Petitioners shall be released on bail on their executing BA NO. 3798/10 2 bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioners shall not enter the limits of the police station, within which crime is registered, except for compliance of condition no.1. (iii) Petitioners shall not influence or intimidate any witness or tamper with evidence. Petition is allowed. K.HEMA, JUDGE. tgs