IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Bail Appl..No. 7048 of 2009() ------------------------------------- CRMP.3251/2009 of J.M.F.C.-II, ALUVA CRIME NO.2316/2009 OF ANGAMALY POLICE STATION. .................... PETITIONERS/ACCUSED NOS.2 & 3: ------------------------------------------------- 1. JOMON, AGED 23 YEARS, S/O.JOSE, PAIPPILLIL VEEDU, EDALAKKADU KARA, MOOKKANNOOR VILLAGE. 2. BIJU, AGED 38 YEARS, S/O.GEORGE, PARAKKAL HOUSE, EZHATTUMUGHAM KARA, KARUKUTTY VILLAGE. BY ADV. SRI.A.C.DEVY RESPONDENT/ COMPLAINANT: ------------------------------------------------ THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7048 of 2009 ------------------------------------ Dated this the 30th day of November, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are accused Nos.2 and 3 in Crime No.2316/2009 of Angamaly Police Station. 2. The offences alleged against the petitioners are under Sections 363 and 365 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 4/11/2009. The petitioners were arrested on 19/11/2009. The girl, who was allegedly kidnapped, is aged about 17 years. 4. The learned counsel for the petitioners submitted that the girl as well as the first accused are neighbours and that they were in love with each other. 5. As per the order dated 26/11/2009 in B.A. No.6939/2009, bail was granted to accused No.1. 6. 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. B.A. No. 7048/2009 2 7. The petitioners shall be released on bail on their executing 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-II, Aluva 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. B) The petitioners shall appear before the Investigating Officer for interrogation as and when required. C) The petitioners shall not enter into the limits of Angamaly Police Station for a period of one month. 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 scm