IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 Bail Appl..No. 5737 of 2011() ----------------------------- CRIME NO.916/2010 OF PALAI POLICE STATION KOTTAYAM DISTRICT PETITIONERS/ACCUSED ----------------------- 1. NISHA, W/O.RETEESH, AGED 27 YEARS, KOMPANKERIKOTTILLIL, 116 JUNCTION, KUZHIMAVU, MUNDAKAYAM. 2. RETEESH, S/O.CHANDRAN, AGED 30 YEARS, KOMPANKERIKOTTILLIL, 116 JUNCTION, KUZHIMAVU, MUNDAKAYAM. BY ADV. SRI.K.S.HARIHARAPUTHRAN RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PALA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5737 of 2011 ---------------------------------------------- Dated this the 22nd day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.916 of 2010 of Palai Police Station, Kottayam District. 2. The offence alleged against the petitioners is under Section 420 read with Section 34 of the Indian Penal Code. 3. The first petitioner/first accused was arrested in the case on 30/06/2010 and she was granted bail on 13/08/2010. Certain conditions were stipulated for appearance before the Investigating Officer. The bail was cancelled on the ground that the conditions were violated by the first petitioner. She was arrested on 24/06/2011. The second accused was arrested in connection with another case on 13/06/2011 and his arrest was recorded in the present case on 29/06/2011. 4. The petitioners moved for bail before the Magistrate's court and the bail applications were dismissed. They moved the Sessions Court for bail and that application was also dismissed. Bail Appln.No.5737/2011 : 2 : 5. The learned counsel for the petitioners submitted that the father of the first petitioner died on 26/09/2010 and that was the reason why she could not comply with the condition in the order granting bail. It is submitted that the Investigating Officer reported to the Public Prosecutor about the violation of condition on 01/10/2010. Accordingly, the application was filed for cancellation of bail. 6. Taking into account the facts and circumstances of the case and also the fact that father of the first petitioner died on 26/09/2010 and the application for cancellation of bail was filed immediately thereafter and also taking note that the first petitioner is a woman, I am inclined to grant bail to the first petitioner/first accused. 7. The second petitioner is an accused in another case involving offence punishable under Section 379 of the Indian Penal Code. He could not be arrested for quite long and he was arrested in the theft case on 13/06/2011 and his arrest was recorded in the present case on 29/06/2011. In these circumstances, I am not inclined to grant bail to the second petitioner/second accused at this stage. Bail Appln.No.5737/2011 : 3 : 8. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the first petitioner/first accused, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to first petitioner/first accused. 9. The first petitioner/first accused shall be released on bail on her executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Palai, subject to the following conditions: A) The first petitioner/first accused shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; B) The first petitioner/first accused shall appear before the investigating officer for interrogation as and when required; C) The first petitioner/first accused shall not try to influence the prosecution witnesses or tamper with the evidence. Bail Appln.No.5737/2011 : 4 : D) The first petitioner/first accused shall not commit any offence or indulge in any prejudicial activity while on bail. E) 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 in so far as it relates to the first accused. The Bail Application, in so far as it relates to the second petitioner, is dismissed. K.T.SANKARAN, JUDGE skj