IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 Bail Appl..No. 7249 of 2008(E) -------------------------------------- CRMP.3356/2008 of SESSIONS COURT,KOLLAM CRIME NO.456/2008OF PARIPPALLY POLICE STATION .................... PETITIONERS/IST AND 2ND ACCUSED : ------------------------------------------------ 1. RAJEESH, AGED 20 YEARS, S/O.SHYLAJAN, PINATTUVILA VEEDU, KAZHUTHUMOODU, KADMPATTUKONAM, PARIPPALLY VILLAGE, KOLLAM. 2. JOEMON, AGED 24 YEARS, S/O.MADANAN, JEEJA BHAVAN, -DO- -DO- BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL RESPONDENT : ----------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7249 OF 2008 ------------------------------ Dated this the 11th day of December, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 366, 376 read with 34 of I.P.C. According to prosecution, petitioners (accused nos.1 and 2) in furtherance of common intention, allegedly kidnapped a minor girl aged 16 years in an auto rikshaw driven by second accused and first accused committed rape on her on 30.10.2008. Thereafter, on knowing that a crime is registered, they came back and went to the police station. First accused was arrested on 31.10.2008 and second accused was arrested on 03.11.2008. 3. Learned counsel for petitioners submitted that petitioners surrendered before the police and they had no intention to commit any offence. First petitioner is married the alleged victim and they are in love with each other. First petitioner is aged 20 years. Petitioners are in custody for the past 41 days and 37 days respectively. 4. Learned Public Prosecutor submitted that he has no objection in granting bail, but conditions may be imposed. B.A.7249 of 2008 2 On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence the following order is passed : (i) Petitioners shall execute a bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. (ii) Petitioners shall report before Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioners shall not enter the limits of the police station within which crime is registered except for compliance of condition in clause no. (ii). (iv) Petitioners shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac