IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 Bail Appl..No. 7333 of 2009() ------------------------------------ CRIME NO. 169/2009 OF KANJIKUZHY POLICE STATION ........................ PETITIONERS/ACCUSED NOS. 3 & 5 : ----------------------------------------------------- 1. PALRAJ, AGED 32 YEARS, S/O.NAGAMANI, SARGARAJ BHAVAN, KAKKATHOOKKI BHAGAM, VALLARADA VILLAGE, NEYYATTINKARA. 2. RINTO, AGED 25 YEARS, S/O.PAULI, ALAPPADAN VEEDU, RC CHURCH ROAD, EDATHURUTHI VILLAGE, THRISSUR. BY ADV. SRI.S.RAJEEV RESPONDENT/STATE : -------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM(CRIME NO.169 OF 2009 OF KANJIKUZHY POLICE STATION). BY SRI. AMJAD ALI PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7333 of 2009 ------------------------------------ Dated this the 9th day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.3 and 5 in Crime No.169/2009 of Kanjikuzhy Police Station, Idukki. 2. The offences alleged against the petitioners are under Sections 366A, 376 and 118 of the Indian Penal Code. 3. The prosecution case is that on 28/8/2009, the first accused enticed a girl aged 14 years and took her to Nagercoil. The allegation against the petitioners is that the first petitioner provided a rented house for their stay and that the second accused took the bag containing the dress of the first accused from Idukki to Nagercoil. It is stated that the first accused was arrested and he was released on bail. 4. 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. B.A. No. 7333/2009 2 5. The petitioners shall be released on bail on their executing a bond for Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Idukki subject to the following conditions:- A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on first Sunday of every month, 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) 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 scm