IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Bail Appl..No. 5869 of 2008() ----------------------------- CRMP.1949/2008 of J.M.F.C.,CHANGANACHERRY CRIME NO. 251/2008 OF CHANGANASSERY POLICE STATION PETITIONER: IST ACCUSED ---------------------------- LISSY TOMY, AGED 40 YEARS, D/O. THOMY THOMAS, MUNDAMTHARAYIL HOUSE, THALIKALLU, AIYARKUNNAM.P.O, KOTTAYAM. BY ADV. SMT.DIJI.K.DASAN RESPONDENTS: STATE ------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, CHANGANACHERRY POLICE STATION, KOTTAYAM DISTRICT. BY P.P. SRI. C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5869 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of September,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 366A, 376 and 506(1) read with section 34 IPC. Petitioner is the 1st accused in the crime. She was arrested on 9-6-2008 and she is in custody for the past 110 days. Learned Public Prosecutor submitted that charge sheet is not filed so far and hence, petitioner is entitled for bail by default, in view of proviso to section 167(2) of the Cr.P.C. However, he submitted that stringent condition may be imposed while granting bail, since she is likely to influence or threaten the witnesses and tamper with evidence. 3. Hence, bail is granted to petitioner on the following terms and conditions:- 1) Petitioner shall be released on bail on her executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate. 2) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. 3) Petitioner shall not leave the limits of the BA5869 /08 -2- police station within which she is residing except for compliance of the direction in condition No.(2) above. 4) Petitioner shall make herself available for interrogation by the Investigating Officer as and when directed and above conditions will be subject to this condition. 5) Petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.