IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 19TH SEPTEMBER 2011 / 28TH BHADRA 1933 Bail Appl..No. 6828 of 2011() ----------------------------- CRIME NO.191/2011 OF PAYYAVOOR POLICE STATION, KANNUR PETITIONER (S): ACCUSED NO.1 -------------------------------------- VIJAYAN, S/O.KUNHUTTY, AGED 40 YEARS KALLIKUNNEL HOUSE, CHANDANAKKAMPARA PO,PAYYAVOOR AMSOM DESOM TALIPARAMBA TALUK,KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT(S): --------------- STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, THROUGH S.H.O PAYYAVOOR POLICE STATION, KANNUR DT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/09/2011, ALONG WITH BA NO.7121 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: N.K.BALAKRISHNAN, J. --------------------------------- B.A.Nos.6828 & 7121 of 2011 --------------------------------- Dated this the 19th day of September, 2011 O R D E R Petitioners are accused Nos.1 and 2 in Crime No.191 of 2011 of Payyavoor Police Station registered under Section 377 read with Section 34 IPC. 2. The allegation is that a mentally retarded boy, aged 12 years, was repeatedly subjected to unnatural intercourse by the accused. The first accused was arrested on 29.7.2011. The second accused was arrested on 28.7.2011. 3. The learned counsel for the petitioners submitted that considering the long period of detention and the further fact that the investigation is not likely to be completed within 60 days, bail may be granted to the petitioners. 4. Considering all the aspects, the petitioners are BA 6828 & 7121/2011 2 granted bail with effect from 22.9.2011 subject to the following conditions: i. The petitioners shall execute a bond for Rupees One lakh each with two solvent sureties for the like sum to the satisfaction of the Judicial First Class Magistrate, Taliparamba. ii. The petitioners shall appear before the investigating officer on all Wednesdays between 9.30 AM to 11.30 AM until further orders. iii. The petitioners shall not enter into the limits of Payyavoor Police Station except for compliance of condition No.(ii). iv. The petitioners shall surrender their passports before the learned Magistrate. If they do not have any passport, they shall file an affidavit regarding the same before the Magistrate. N.K.BALAKRISHNAN JUDGE csl Number and words “Crime No.191 of 2011 of Payyavoor Police Station” occurring in the 1st paragraph of the common order dated 19.9.2011 in BA 6828 & 7121/2011 3 B.A.Nos.6828 & 7121 of 2011 are corrected and substituted as “Crime No.190/2011 of Payyavoor Police Station, Kannur” as per order dated 23.9.2011 in Crl.M.A.No.6343/2011 in B.A.No.7121/2011. Sd/- Registrar (Judicial)