Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 29TH DAY OF JANUARY 2013 9TH MAGHA 193 Bail Appl..No. 495 of 2013 () ----------------------------- CRIME NO. 1141/2012 OF HOSDURG POLICE STATION , KASARGOD DISTRICT ---------------------------------------- PETITIONER(S)/ACCUSED NOS. 2 AND 3.-------------------------------------------------------------- 1. AJITHKUMAR.H., S/O.KRISHNAN K.,AGED 2 YEARS,KOPRA QUARTERS, KUSHAL NAGAR,HOSDURG GRAMAM.
2. DHANESH K.D., S/O.DAMODARAN, AGED 2 YEARS, KIZHAKKE VELLIKOTH,AJANUR GRAMAM, NOW RESIDING AT NELLIKKATTU,BALLA GRAMAM. BY ADVS.SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM”
011. REPRESENTING THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION. BY PUBLIC PROSECUTOR SMT.LALIZA.T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P. BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - B.A. No. 495 of 2013 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of January, 2013. ORDER This is the third round of attempt by the petitioners to procure bail from this court. They are accused in Crime No. 1141 of 2012 of Hosdurg Police Station, wherein the petitioners have been arrayed as accused Nos. 2 and 3 and are alleged to have committed offences punishable under Sections 376, 366 and 120B read with Section 34 I.P.C.
2. The facts and other details have been narrated in the earlier order and it is unnecessary to reiterate the same in this order.
3. The petitioners have been in custody from 12.11.2012 and a good part of the investigation must have been completed by now. There is no reason why the custody of the petitioners should continue. No apprehension is expressed by the Investigating agency that the petitioners are likely to abscond if released on bail. B.A..495/2013. 2 Therefore, this application is allowed on the following conditions: i) Petitioners shall be released on bail on each of them executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties each for the like sum each to the satisfaction of the JFCM court concerned. ii) The learned Magistrate may ensure the identity of the sureties and also the veracity of the tax receipts that are sought to be produced at the time of executing the bond. iii) Petitioners shall report before the Investigating Officer on every Thursday between 9 a.m. and 10 a.m. till final report is laid. iv) Petitioners shall not leave State of Kerala without the permission of the Magistrate concerned. B.A..495/2013. 3 v) Petitioners shall surrender their passports before the Magistrate court concerned, and if they are not having valid passports, affidavits to that effect shall be filed before the Magistrate concerned. vi) Petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. vii) If any of the conditions is violated, bail granted to the petitioners shall stand cancelled, and the JFCM concerned, on being satisfied of the said fact, may take such steps as are available to him in law. P. BHAVADASAN, JUDGE sb.