IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933 Bail Appl..No. 3517 of 2011 ----------------------------- CRIME NO.276/2011 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM DISTRICT .................... PETITIONERS/ACCUSED 1 & 2: ----------------------------------- 1. PRASAD @ SUDHEESH,AGED 22 YEARS, S/O.SUDHAKARAN,KOVILVILA VEEDU,NEAR SASTHAM COVIL, KALLIYOOR VILLAGE AND DESOM,PIN-695042. 2. SUBHASH,AGED 23 YEARS,S/O.SUDHAKARAN, KOVILVILA VEEDU,NEAR SASTHAM COVIL,KALLIYOOR VILLAGE AND DESOM,PIN-695042. BY ADV. SRI.BLAZE K.JOSE RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, NEMOM POLICE STATION. BY PUBLIC PROSECUTOR, SMT.K. MEERA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K. BALAKRISHNAN, J. - - - - - - - - - - - - - - - - - - - - - - B.A. No. 3517 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of May,2011 O R D E R Petitioners are the accused Nos.1 and 2 in Crime No.276/2011 of Nemom Police Station, Thiruvananthapuram District. It was registered under Sections 366(A) and 376 r/w 34 IPC. The petitioners were arrested on 28.03.2011. Their bail applications were dismissed by the trial Court. 2. The material allegation is that on 07.03.2011 at 7 PM first accused came to the house of defacto complainant and committed rape of minor girl, Anju, aged 14 years and on 24.03.2011 at 7 PM the first accused kidnapped the girl. All accused committed above offences in furtherance of their common intention. 3. Petitioners seeks regular bail. 4. I have heard the learned counsel appearing for the petitioners and the learned Public Prosecutor and also gone through the available records. 5. The request for bail made by the first accused/first B.A. No. 3517 of 2011 -:2:- petitioner is rejected. Since 28.03.2011 the second petitioner has been in judicial custody. Considering the period of detention already undergone by the accused and in view of the submission made on behalf of the accused that they will abide any condition that may be imposed on them, the second petitioner is granted bail with effect from 21.05.2011, subject to the following conditions: i. The accused shall execute a bond for `75,000/- (Rupees seventy five thousand only) with two solvent sureties for the like sum to the satisfaction of JFCM-I, Neyyattinkara. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. ii. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. iii. The accused shall produce his original passport B.A. No. 3517 of 2011 -:3:- before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. iv. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. v. The accused and the sureties shall not leave the jurisdiction of the JFCM-I Court, Neyyattinkara without the prior permission of the learned Magistrate. vi. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vii. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the B.A. No. 3517 of 2011 -:4:- residence without intimating the Investigating Officer and the learned Magistrate. N.K. BALAKRISHNAN, JUDGE ttb