IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Bail Appl..No. 462 of 2010 CRIME NO.261 OF 2007 OF THALASSERY POLICE STATION, KANNUR PETITIONER/ACCUSED NO.5: -------------------------------------- SHAFEER, AGED 19 YEARS, S/O.USMAN, PEEDDIKA KONDIYIL,MUKKIL PEEDIKA, PULLUKKRA, KANNUR. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: (STATE & COMPLAINANT) ------------------------------------ 1. STATE OF KERALA, REPRESETNED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THALASSERY. PUBLIC PROSECUTOR SRI.KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 462 OF 2010 ------------------------------------------------------ Dated this the 19th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.261 of 2007 of Thalassery Police Station. 2. The offences alleged against the petitioner are under Sections 376(g) and 366 of the Indian Penal Code. 3. The prosecution case is that on 22.5.2007, the victim, who was in love with accused No.6, was brought to the beach by accused No.6. Accused No.7, who is a friend of accused No.6, was also with them. At that time, accused No.1 approached them and threatened that police would be called. Accused Nos.6 and 7 left the place. The other accused persons came there and committed the offence at various places by taking the girl in an Ambassador car and in a Tavera car. B.A. NO. 462 OF 2010 :: 2 :: 4. The petitioner filed B.A.No.7793 of 2009 for anticipatory bail. That application was dismissed by the order dated 11.1.2010. Thereafter, the petitioner surrendered before Court on 19.1.2010 and he was remanded to judicial custody. 5. It is submitted that accused Nos.2 and 3 were granted bail. 6. The learned Public Prosecutor submitted that immediately after the petitioner surrendered before Court, the investigating officer could not get an order for police custody, since the petitioner was suffering from chicken pox. However, it is submitted by the learned Public Prosecutor that subsequently, the potency test of the petitioner was conducted. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 8. The petitioner shall be released on bail on his executing B.A. NO. 462 OF 2010 :: 3 :: bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thalassery, subject to the following conditions: a) The petitioner 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 petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall surrender his passport before the Court of the Judicial Magistrate of the First Class, Thalassery within a period of one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him shall be filed before the learned Magistrate within one week; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner 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/