IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 7950 of 2011() ----------------------------- CRIME NO.796/2010 OF RANNI POLICE STATION, PATHANAMTHITTA PETITIONERS/ACCUSED Nos.5 & 6 ------------------------------------------------ 1. SUSAN, AGED 40, W/O.KUNJUMON MATHEW, MARUTHIKATTIL HOUSE, ANGADI VILLAGE, RANNI, PATHANAMTHITTA. 2. JAMEELA, W/O. JALAL, KAZHUTHOTUPURAYIDATHIL, ANGADI VILLAGE, RANNI, PATHANAMTHITTA. BY ADV. SRI.SABU S.KALLARAMOOLA RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7950 of 2011 --------------------------- Dated this the 2nd day of December, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.5 and 6 in Crime No.796 of 2010 of Ranni Police Station, Pathanamthitta District. 2. The offences alleged against the accused are under Sections 376, 366 and 354 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 23.11.2011, the following order was passed : “3. The victim is aged 21 years. It is stated that she went with accused No.1 (Alex), as instigated by accused Nos.2, 3 and 4. It is stated that accused Nos.5 and 6 also instigated the victim to go along BA 7950/11 2 with accused No.1. Accused No.1 and the victim stayed in several places. It is alleged that accused No.1 had forceful sex with the victim. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the case diary. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 28th November, 2011. 6. Post on 2nd December, 2011. 7. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.796 of 2010 of Ranni Police Station, Pathanamthitta District, till 7th December, 2011. 8. The petitioners shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. BA 7950/11 3 The petitioners shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners that the direction in the order dated 23.11.2011 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 23.11.2011 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions : A) The petitioners 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; BA 7950/11 4 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 to the extent indicated above. K.T.SANKARAN JUDGE csl