IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4824 of 2009() --------------------------------------- CRIME NO.516/2009 OF ARANMULA POLICE STATION, PATHANAMTHITTA DIST. .................... PETITIONERS/ACCUSED ----------------------------------- 1. VIPIN VIJAYAN, AGED 18 YEARS, S/O.VIJAYAN, POOTHAKUZHIYIL,THONNIAMALA.P.O., NARANGANAM VILLAGE. 2. VIMAL VIJAYAN, AGED 18 YEARS, S/O.VIJAYAN, POOTHAKUZHIYIL, THONNIAMALA.P.O., NARANGANAM VILLAGE. BY ADV. MR.V.SETHUNATH RESPONDENTS/COMPLAINANT/STATE: -------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, ARANMULA POLICE STATION, PATHANAMTHITTA DIST. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 4824 of 2009 ------------------------------------ Dated this the 26th day of August, 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 in Crime No.516 of 2009 of Aranmula Police Station. 2. The offences alleged against the petitioners are under Sections 469, 354, 509 read with Section 34 of the Indian Penal Code and section 67 of the Information Technology Act. 3. The prosecution case is that the petitioners who are twin brothers took photographs of the de facto complainant in the mobile phone, while the de facto complainant was taking bath in the bath room. The petitioners are residing near the house of the de facto complainant. It is also alleged that copies of the photographs are made available to the friends of the petitioners and thus it was publicized. The petitioners were arrested on 27-7-2009 and they are in judicial custody since then. BA 4824/09 2 4. The learned counsel for the petitioners submitted that the petitioners are plus two students and it is not necessary to keep them in judicial custody further. It is also submitted that the petitioners will not indulge inany prejudicial activity, if they are released on bail. 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. 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-I, Pathanamthitta, subject to the following conditions:- A) The petitioners shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Sundays, 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. BA 4824/09 3 C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. 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 ln