IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 Bail Appl..No. 5104 of 2008() ----------------------------- CMP.3711/2008 of J.M.F.C.,KASARAGOD (CRIME NO.214/06 OF ADHUR POLICE STATION) PETITIONER/3RD ACCUSED: ------------------------------ MAIMOONA,W/O. K.C.HAMSA, AGED 30 YEARS, FATHIMA MANZIL, MASTHIKKUNDU, MULIYAR GRAMAM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE ADHUR POLICE STATION,KASARAGODE. 2. STATE REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/11/2008, ALONG WITH BA NO. 5346 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.Nos. 5104 & 5346 of 2008 --------------------------------------------------- Dated this the 12th day of November, 2008. ORDER Petitions for bail. 2. The alleged offences are under Sections 302, 342, 201 read with 34 of IPC and 23 of Juvenile Justice Care and Protection Act 2000. According to prosecution, first accused committed murder of deceased Safiya, aged 14 years, while she was working as maid servant in their house at Goa and the dead body was cut into pieces and disposed of with the aid of 4th accused. Petitioners are accused nos.3 and 4 in the crime. Second accused is the person who had brought the child to the house of first accused for working as maid servant and 3rd accused is the wife of first accused. The allegation against Petitioners is that they had caused the evidence to disappear in several ways. 3. Learned counsel for petitioners submitted that A3 was arrested on 2.7.2008 and A4 was arrested 6.7.2008 and they are in custody for the past more than 100 days. The specific allegation against petitioners only constitute offence under Section 201 IPC, [B.A.No.5104 & 5346/08] 2 which is a bailable offence and hence they may be granted bail, it is submitted. 4. Learned Public Prosecutor submitted that Polygraph test was conducted after submission of charge-sheet and report is also received and at present the allegation against petitioners constitute only offence under Section 201 of IPC which is a bailable offence and hence they are entitled for bail. Hence, bail is granted to petitioners on their executing bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. Petitions are allowed. K. HEMA, JUDGE. Krs.