IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JANUARY 2010 / 2ND MAGHA 1931 Bail Appl..No. 158 of 2010 PETITIONER/ACCUSED NO.2 ------------------------------------------- ANEESHKUMAR, S/O.CHANDRASEKHARAN NAIR, NARAYANEEYAM, T.C.25/3295, VRAC 25, B. B.PRINTING LANE, VANCHIYOOR, THIRUVANANTHAPURAM THROUGH HIS MOTHER AND NEXT FRIEND SMT.SATHI. BY ADV. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENTS: STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, VANCHIYOOR POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/01/2010, ALONG WITH BA NO.161 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.158 & 161 OF 2010 ------------------------------------------------------ Dated this the 22nd day of January, 2010 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. B.A.No.158 of 2010 is filed by accused No.2, while B.A.No.161 of 2010 is filed by accused Nos.1 and 3 in Crime No.608 of 2009 of Vanchiyoor Police Station. 2. The offences alleged against the petitioners are under Sections 188, 294(b), 333, 307 and 506(ii) read with Section 34 of the Indian Penal Code and Section 3(1) of the PDPP Act. 3. The gist of the prosecution case is the following: Remya @ Resmi is the wife of accused No.2 Aneeshkumar. Remya @ Resmi was residing in her husband's house at Vanchiyoor. Santhoshkumar and Rajesh are the brothers of Aneeshkumar. The fourth accused is the father of the other accused. Remya @ Resmi had filed a petition before the Director General of Police in 2007, alleging that during her school days, she was sexually exploited by 26 persons. Crime B.A. NOS.158 & 161 OF 2010 :: 2 :: No.499 of 2007 of Vanchiyoor Police Station was registered on the basis of that petition. Subsequently, the crime was transferred to Kilimanoor Police Station, where it was renumbered as Crime No.233 of 2008. Remya @ Resmi filed W.P.(C) No.27283 of 2009 before this Court alleging that the investigation in that case was not properly being made. The prayer in the Writ Petition was to constitute a special investigation team for a proper and effective investigation of the case. A statement given by Remya @ Resmi and the recorded version of the same were produced in W.P.(C) No.27283 of 2009. In that statement, Remya @ Resmi had made several allegations against her father-in-law and brothers-in-law. Her case was that she was sexually exploited by all of them in the matrimonial home. Based on the statement given by Remya @ Resmi, an order was passed by the learned single Judge on 3.12.2009, directing the Circle Inspector of Police, Kilimanoor to take into custody Remya @ Resmi with the assistance of the Vanitha Commission and to entrust her to the custody of her mother. 4. The prosecution case is that on 4.12.2009, the Circle Inspector of Police, Kilimanoor and the police personnel went to the house of the accused to execute the order dated 3.12.2009 passed B.A. NOS.158 & 161 OF 2010 :: 3 :: by this Court in W.P.(C) No.27283 of 2009. It is alleged that the accused persons obstructed the same. The police personnel returned from the place. They went to the house of the accused again at 8.45 PM. At that time, the Circle Inspector of Police, Petta, the Sub Inspector of Police, Vanchiyoor Police Station and other police personnel were present. It is alleged that when the police officers tried to take Remya @ Resmi into custody, the accused persons attacked the police officers. Accused No.1 inflicted injuries on the head of the Circle Inspector of Police, Petta with a chopper. It is alleged that accused No.2 attacked the Sub Inspector of Police, Vanchiyoor Police Station with a helmet resulting in injuries on him. Accused No.3 attacked the Circle Inspector of Police, Kilimanoor with a chappathi presser. The Circle Inspector of Police, Kilimanoor sustained fracture injuries. The allegation against accused No.4 is that he snatched the wireless set carried by the police personnel and threw it on the floor causing damage to the wireless set. 5. It is alleged that accused No.4 vanished from the scene. Accused Nos.1 to 3 were arrested on 4.12.2009. They were produced before Court and they were remanded to judicial custody. B.A. NOS.158 & 161 OF 2010 :: 4 :: 6. Heard the learned Senior Counsel appearing for the petitioners and the learned Public Prosecutors. I have also perused the case diary in Crime No.608 of 2009 of Vanchiyoor Police Station. The case diary file in Crime No.233 of 2008 of Kilimanoor Police Station was also made available before me for perusal. 7. 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. I do not think that continued detention of the petitioners is required for the proper investigation of the case or that release of the petitioners on bail would adversely affect the proper investigation of the case. 8. 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 Additional Chief Judicial Magistrate, Thiruvananthapuram, subject to the following conditions: B.A. NOS.158 & 161 OF 2010 :: 5 :: a) The petitioners (accused Nos.1,2 and 3) shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays, till the final report is filed or until further orders; b) The petitioners (accused Nos.1,2 and 3) shall appear before the investigating officer for interrogation as and when required; c) The petitioners (accused Nos.1,2 and 3) shall not enter into the limits of Vanchiyoor Police Station as well as the limits of the police station within the limits of which Remya @ Resmi is permanently residing, for a period of two months; d) The petitioners (accused Nos.1,2 and 3) shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioners (accused Nos.1,2 and 3) 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/