IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 Bail Appl..No. 1502 of 2010() ----------------------------------- AGAINST THE ORDER DATED 05/03/2010 IN CMP.1846/2010 IN CMP.1845/2010 of J.M.F.C., KODUNGALLUR CRIME NO. 270/2010 OF KODUNGALLUR POLICE STATION .................... PETITIONERS/ACCUSED 3 TO 5 : --------------------------------------- 1. SYAMLAL @ VISHNU, S/O.LALAN, THOTTUNGAL HOUSE, KOTTULLYKKADU, VADAKKEKARA. 2. JITH, S/O.UNNI, PALAKKAPARAMBIL, VARAPPUZHA, THEVARKADU DESOM. 3. SHERIN, S/O.GOPI, VELUPARAMBIL, VARAPPUZHA, THEVARKADU DESOM. BY ADVS. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT/COMPLAINANT -------------------------- STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTED BY S.I. OF POLICE, KODUNGALLUR. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1502 of 2010 ------------------------------------ Dated this the 15th day of March, 2010 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 to 5 in Crime No. 270/2010 of Kodungallur Police Station. 2. The offence alleged against the petitioners is under Section 366-A read with Section 34 of the Indian Penal Code. 3. The victim girl is aged below 15 years. She is a student. The prosecution case is that on 03.03.2010, accused Nos. 1, 3 and 5 took the girl in a Tavera car after the girl attended her examinations. At Chalakudy, accused Nos. 3 and 4 joined the team of accused Nos. 1, 3 and 5. Accused No.2, who was in the team, got down at Chalakudy. While the accused persons and the girl were proceeding in the car through Chalakudy-Valpara route, they were intercepted by the police at a check post. On questioning, the girl disclosed the true facts. It is stated that the girl was in love with accused No.1. 4. The petitioners were arrested on 03.03.2010 and they were remanded to judicial custody. It is stated that accused B.A. No. 1502 / 2010 2 No.5 is the driver of the car and accused Nos. 1, 3 and 4 are students. 5. 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 on stringent conditions. 6. 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, Kodungallur subject to the following conditions:- A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Sundays and Thursdays for two months and thereafter on every Sunday, 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. B.A. No. 1502 / 2010 3 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 ln