IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 26TH JULY 2007 / 4TH SRAVANA 1929 Bail Appl..No. 4503 of 2007() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4114/2007 CRIME NO.214/07 OF NEDUPUZHA POLICE STATION .................... PETITIONER: APPLICANT/ACCUSED: ----------------------------------- SANGEETHA, AGED 20 YEARS, W/O. SANOOP,KOLLARA HOUSE,NEAR AYYAPPANKAVU TEMPLE VADOOKARA, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, NEDUPUZHA POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY P.P. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. -------------------------------------------- B.A. NO. 4503 of 2007 -------------------------------------------- Dated this the 26th day of July, 2007 ORDER Application for regular bail. The petitioner faces allegations under Sec.302 of the IPC. Earlier, she had come to this Court with a prayer for anticipatory bail and by order dated 3/7/07 in B.A.No.4114/07, that prayer was rejected. This order must be read in continuation of that order. I am not hence adverting to the facts in any great detail. Subsequent to the dismissal of the said anticipatory bail application, the petitioner had surrendered before the learned Magistrate having jurisdiction on 9/7/07. She continues in custody from that date. A period of 15 days has already elapsed. The Case Diary has been perused by me. There are indications to show that the accused was taken into police custody; but the statement of the accused is not seen in the Case Diary at all. This is very unsatisfactory, if, as a matter of fact, the petitioner had been taken to police custody and B.A. NO. 4503 of 2007 -: 2 :- interrogated, I would expect the statement, if any, recorded of the accused to be there in the Case Diary. However, the learned Public Prosecutor submits that the police custody has been obtained and the police have already got an opportunity to interrogate the petitioner in custody. 2. Be that as it may, I am satisfied that, in the facts and circumstances to which reference is already made, it is not necessary to insist on continued detention of the petitioner now. 3. In the facts and circumstances of this case, subject to appropriate conditions, regular bail can be granted to the petitioner, I am satisfied. 4. In the result: (a) The application is allowed. (b) The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall make herself available for interrogation before the Investigating Officer on all Mondays and B.A. NO. 4503 of 2007 -: 3 :- Fridays between 10 a.m. and 12 noon for a period of two months and thereafter, as and when directed by the Investigating Officer in writing to do so. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge