IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 Bail Appl..No. 356 of 2008() ---------------------------- CRIME 735/07 OF VAIKOM POLICE STATION PETITIONERS/ACCUSED ------------------------------------ 1. ANCE, AGED 22, S/O. MAJEED, THAINARPALLI, VERIKKAMKUNNU KARA, VAIKOM TALUK. 2. VINEESH, AGED 27, S/O. VASU, VADAKKEKOLAYIL HOUSE, VADAKARA KARA, VELLOOR VILLAGE, VAIKOM TALUK. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, VAIKOM POLICE STATION. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 356 OF 2008 ```````````````````````````````````````````````````` Dated this the 22nd day of January, 2008 O R D E R Application for regular bail. Petitioners are accused Nos.1 and 2. Altogether there are six accused persons. The victim is a girl student of 8th standard. She was born on 19.1.94. She allegedly went with accused Nos.4, 5 and 6 and had sexual intercourse with them on 21.11.07. When she returned, she narrated to her father what has transpired and her father made a private complaint to the police on 22.11.07. When the victim was questioned by the police, in addition to sexual intercourse which she had with accused Nos.4, 5 and 6 on 21.11.07, she narrated instances of prior sexual intercourses with accused Nos.1 and 2 in December 2006. On the basis of that allegation in such statement, accused Nos.1 and 2 along with the 3rd accused were also brought on the array of the accused. Petitioners BA.356/08 : 2 : had come to this Court with a petition for anticipatory bail and this Court by order dated 2.1.08 in BA.7846/07 rejected the prayer with the observation that the petitioners must surrender and seek regular bail. The petitioners did so surrender on 9.1.08. They continue in custody from that date, their application for regular bail having been dismissed by the learned Magistrate. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer on condition that appropriate safeguards may be insisted and I am satisfied that regular bail can be granted to the petitioners subject to appropriate conditions. The learned Public Prosecutor points out that accused Nos.3 and 6 have already been arrested and enlarged on bail. 3. In the result, this petition is allowed. The petitioners shall be released on bail on the following terms and conditions: i) The petitioners shall execute bonds for Rs.50,000/- BA.356/08 : 3 : (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays, for a period of two months from the date of their release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks