IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Bail Appl..No. 3929 of 2009() ----------------------------- CRIME NO.157/09 OF VELLOOR POLICE STATION PETITIONERS/ACCUSED/PETITONERS ------------------------------------------------- 1. AJEESH.B.MARKOSE(ACCUSED) ILAVIN CHUVATTIL, IRUMBAYAM, THALAYOLA PARAMBU. 2. R.M.BABY, S/O.MARKOSE ILAVIN CHUVATTIL, IRUMBAYAM, THALAYOLA PARAMBU. 3. UNNI , S/O.RAVEENDRA PANICKER(LATE) ILAVIN CHUVATTIL, IRUYMBAYAM, THALAYOLA PARAMBU BY ADV. SRI.BINDU SREEKUMAR RESPONDENT(S): STATE -------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.3929 of 2009 ------------------------------- Dated this the 22nd day of July, 2009 ORDER The first petitioner is the accused in Crime No.157 of 2009 of Velloor Police Station in Kottayam District. It is submitted by the learned public prosecutor that petitioners Nos.2 and 3 are not accused persons in the case. 2. The offences alleged against the first petitioner are under Sections 342, 323 and 376 of the Indian Penal Code and Section 3(1) (xi) of the Schedule Caste/Schedule Tribe Prevention of Atrocities Act. The FIR discloses offence under Section 511 of Section 376 IPC. Subsequently, on the basis of the statement made by the victim, offence under Section 376 was added instead of Section 511 of 376 IPC. 3. I have gone through the case diary. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the first petitioner, I am not inclined to grant BA No. 3929/2009 2 anticipatory bail to the first petitioner. The Bail Application is accordingly dismissed in so far as the first petitioner is concerned. 5. As stated by the learned public prosecutor, petitioners Nos.2 and 3 are not accused persons in Crime No.157 of 2009. It is submitted by the learned counsel for the petitioners that the police direct petitioners Nos.2 and 3 to appear before the police station every now and then and they are being harassed. Learned public prosecutor submitted that petitioners Nos.2 and 3 would not be harassed by the police as it is not required, and that they need not appear before the police unless specifically summoned in writing. This submission is recorded. K.T.SANKARAN, JUDGE csl