IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Bail Appl..No. 6185 of 2011() ----------------------------- CMP.4437/2011 of J.M.F.C.-II, CHERTHALA CRIME NO.331 OF 2011 OF AROOR POLICE STATION, ALAPPUZHA DT. .................... PETITIONER/ACCUSED NO.3 ------------------------------------------- KHADEEJA, W/O. ABDU, AGED 50 YEARS, RAMARATHUM VEEDU, PUTHEN KOTTACKAL, PERUMBAVOOR. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERAL, ERNAKULAM (CRIME NO.331/2011 OF AROOR POLICE STATION, ALAPPUZHA DISTRICT) BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6185 OF 2011 --------------------------------- Dated this the 25th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No. 331 of 2011 of Aroor Police Station, Alappuzha District. 2.The offences alleged against the petitioner are under Sections 376, 366-A and 354 read with 34 of the Indian Penal Code and Sections 3(1)(xi) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3.The formal arrest of the petitioner was recorded in the present case on 25.5.2011. 4. The learned counsel for the petitioner submitted that within 90 days, charge sheet was not filed and therefore, the B.A.No.6185 OF 2011 2 petitioner is entitled to default bail. The learned Public Prosecutor submitted that charge sheet has not been filed within 90 days. Therefore, the petitioner is entitled to default bail under the proviso to Section 167 (2) of the Code of Criminal Procedure. 4.Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 5.The petitioner shall be released on bail on her executing bond for `50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class -II, Cherthala, subject to the following conditions. The sureties shall produce the title deeds of their immovable property for verification by the court. Sureties shall produce notarized photocopies of the title deeds to be retained in court till the disposal of the case. B.A.No.6185 OF 2011 3 A) The petitioner shall surrender her Passport before the Court of the Judicial Magistrate of the First Class-II, Cherthala. If the passport is seized by the police or if the petitioner does not have a Passport, an affidavit sworn to by her to that effect shall be filed before the learned Magistrate. B) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on all Mondays, till the final report is filed or until further orders. C) The petitioner shall appear before the investigating officer for interrogation as and when required; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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 cms