IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 Bail Appl..No. 4250 of 2008() ----------------------------- (CRIME NO.229/08 OF CHEVAYUR POLICE STATION) PETITIONERS/ACCUSED: ------------------------- 1. P.P.SUMESH, S/O.MOHANAN, PUTHENPURAYIL HOUSE, PYTHODE PARAMBA, KOZHIKODE. 2. V.V.ABDUL NAZAR, S/O.ABDULLA, VTTAPARAMBIL HOUSE, CHATHANKOTTU NADA, 3. AMMAD, S/O.ABOOBACKER, ATTAPARAMBIL HOUSE, KAVILUM PARA, CHATHANKOTTU NADA. 4. AYISHA THASMI, D/O.NASEENA, MULLASSERY HOUSE, GUDALLUR. 5. DEEPA @ SABIRA, D/O.KARUNAKARAN, CHERIYA KAPPUNGAL HOUSE, PALERI P.O. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, CHEVAYUR POLICE STATION. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No.4250 of 2008 ----------------------------------------------- Dated this the 3rd day of July, 2008. ORDER Petition for bail. 2. Petitioners are accused nos. 1 to 5 in the crime. The alleged offences are under Sections 3,4,5 and 6 of Immoral Traffic Prevention Act. 3. The petitioners were arrested on 23.6.2008 and they are in custody since then. The investigation is in progress. Learned Public Prosecutor submitted that first accused, who is the 3rd petitioner herein, is involved in offence under Section 376 IPC and he is an absconding accused. He is also accused in other similar offence and hence his application for bail is opposed. However, it is submitted that regarding other accused, learned Public Prosecutor has no objection in granting bail on conditions. 4. On hearing both sides, the following order is passed: 1) The request for bail by the first accused is rejected. [B.A.No.4250/08] 2 2) A2 to A5 in the crime shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions: i) They shall report before the investigating officer on Monday and Thursday between 10 A.M and 1 P.M. until further orders. ii) They shall not leave Kozhikode District, except with the previous permission of the learned Magistrate Court concerned. iii) They shall not threaten or intimidate any member of the rival political party or any witnesses and in case of breach of this condition, the bail in this case is liable to be cancelled. v) In case they commit similar offence while on bail, the bail is liable to be cancelled. This petition is partly allowed. K. HEMA, JUDGE. Krs.