IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Bail Appl..No. 5447 of 2011() ----------------------------- CRIME NO.518/2011 OF MATHILAKAM POLICE STATION PETITIONERS (S): ACCUSED 1 AND 2 ---------------------------------------------------- 1. SADIQUE, AGED 28 YEARS, S/O.MUHAMMADALI, KARUKANDATHIL HOUSE, PERINJANAM VILLAGE, PATHRAMUKKU DESOM. 2. SUDHEER, AGED 36 YEARS,S/O.ABDUL RAHIMAN MATHILAKATHUVEETIL HOUSE, AKAMPADAM DESOM, KAIPAMANGALAM VILLAGE. BY ADV. SRI.RAJIT RESPONDENT(S): STATE ---------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5447 of 2011 --------------------------- Dated this the 11th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.518 of 2011 of Mathilakam Police Station. 2. The offences alleged against the petitioners are under Section 376(2)(g) of the Indian Penal Code and Section 3 (1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. The prosecution case is that the first accused had developed some intimacy with the de facto complainant and she was invited for viewing a film. They went in the autorickshaw driven by the second accused. When the autorickshaw reached a lonely place, accused Nos.1 and 2 committed the offence on the de facto complainant. The de facto complainant belongs to a scheduled caste. The BA 5447/2011 2 incident occurred on 11.5.2011. The petitioners were arrested on 14.5.2011 and they were remanded to judicial custody. 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. The petitioners shall be released on bail on their executing bond for ` 25,000/- each with two solvent sureties 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 not enter into the limits of Mathilakam Police Station for a period of two months; B) 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; C) The petitioners shall appear before the investigating officer for interrogation as and BA 5447/2011 3 when required; D) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; E) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; 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 csl BA 5447/2011 4