IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 Bail Appl..No. 6258 of 2009() -------------------------------------------- CRIME NO.497/2009 OF KATTAPPANA POLICE STATION, IDUKKI PETITIONERS/ACCUSED: ----------------------------------------- 1. LALU, S/O.JACOB, PALACKAPARAMBIL HOUSE, THOVARAYAR KARA, KATTAPPANA VILLAGE-IDUKKI DISTRICT. 2. DEEPU, S/O.GOPINATHAN, UNACKAPARAYIL HOUSE, NARIYANPARA KARA, KATTAPPANA VILLAGE-IDUKKI DISTRICT. BY ADV. SRI.A.C.DEVASIA RESPONDENTS/COMPLAINANTS: -------------------------------------------------- 1. CIRCLE INSPECTOR OF POLICE, KATTAPPANA POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6258 of 2009 ------------------------------------ Dated this the 30th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioners are the accused persons in Crime No.497/2009 of Kattappana Police Station. 2. The offences alleged against the petitioners are under Sections 450, 376(g) and 323 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 25/8/2009, the accused persons who were engaged in cutting trees in the neighbouring compound, forcibly entered into the house of the de facto complainant and committed the offence. The de facto complainant is a house wife. She was discharged from the hospital a few days before the date of incident. Her husband had gone for work after taking meals. At that time, the accused persons entered into the house and committed the offence. The victim was also beaten up. 4. The petitioners filed B.A. No.5334 of 2009, which B.A. No. 6258 /2009 2 was dismissed by me by the order dated 23/9/2009. Later, the petitioners filed B.A. No. 5796/2009. That application was also dismissed by the order dated 12/10/2009. 5. 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. 6. The petitioners shall be released on bail on their executing a 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, Kattappana 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 and Thursdays, 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 the limits of Kattappana Police Station for a period of B.A. No. 6258 /2009 3 two months except for complying with conditions A and B. D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. E) 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