IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 10608 of 2011() ------------------------------ CMP.10071/2011 of J.M.F.C.,THIRUVALLA Crime No.1697 of 2011 of Thiruvalla Police Station, Pathanamthitta District. .................... PETITIONERS/ACCUSED 1 TO 3 --------------------------------------------- 1. BABU @ KOSHY ABRAHAM,AGED 37 YEARS, S/O.ABRAHAM,MEPRATHU HOUSE,THUKALASSERI.THIRUVALLA 2. BIJU,AGED 28 YEARS, S/O.THANKACHAN,BINU BHAVANIL,EDAYAKKADAM (PO), KARIPRA, KOTTARAKKARA. 3. BINU,AGED 32 YEARS,S/O.THANKACHAN, BINU BHAVANIL, EDAYAKKADAM (PO),KARIPRA, KOTTARAKKARA. BY ADV. SRI.MVS.NAMBOOTHIRY SRI.ROHIT C.OOMMEN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 10608 OF 2011 --------------------------------- Dated this the 22nd day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No.1697 of 2011 of Thiruvalla Police Station, Pathanamthitta District. 2.The offences alleged against the petitioners are under Sections 450 and 394 of the Indian Penal Code. 3. The prosecution case is the following: On 8.12.2011 at 6.15 P.M, while the defacto complainant was watching the T.V in her house, the accused persons stealthily entered into the house, put a cloth on the face of the defacto complainant, tied her hands and pushed her into a bed. Thereafter, the accused forcibly took away ornaments weighing 70.3 grams, one Nokia Mobile Phone and B.A.No. 10608 OF 2011 2 one L.G.Mobile Phone. The matter was reported to the police by Fathima, the defacto complainant on 8.12.2011. The petitioners were arrested on 11.12.2011 and they were remanded to judicial custody. 4. The learned counsel for the petitioners pointed out the following: Crime No.1713 of 2011 was registered for the offence under Section 380 of the Indian Penal Code against Fathima, the defacto complainant in the present case, on a petition filed by the wife of the first petitioner herein. The allegation in that case is that on 13.11.2011, Fathima committed theft of 7 sovereigns of gold ornaments from the house of the first petitioner herein. The learned counsel for the petitioners also submitted that Fathima was involved in several other cases and she was convicted by the criminal court in one case. 5. The learned counsel for the petitioners also submitted that in the present case, the police found that the ornaments allegedly taken away from Fathima, are gold plated ornaments and not gold ornaments as such. B.A.No. 10608 OF 2011 3 6. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the case diary. It would appear that some sort of illicit relationship prevailed between Fathima, the defacto complainant, and the first petitioner herein. It is alleged that gold ornaments were taken away by Fathima from the house of the first petitioner. The first petitioner and his brothers-in-law, namely, accused Nos.2 and 3 decided to get back the ornaments and committed the offence in the present case. 7. Taking into account the peculiar facts and circumstances of the case, I am inclined to grant bail to the petitioners. 8.The petitioners shall be released on bail on their executing bond for `25,000/-(Rupees Twenty Five thousand only) each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla, subject to the following conditions: B.A.No. 10608 OF 2011 4 A) The petitioners shall report before the investigating officer between 9 A.M and 11 A.M on all Mondays and Thursdays for a period of two months, and thereafter on all Mondays, till the final report is filed or until further orders. B) The petitioners shall appear before the investigating officer for interrogation as and when required; C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioners shall cooperate with the investigating officer in the matter of investigation. 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 cms