Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE24H DAY OF OCTOBER20132ND KARTHIKA, 1935 Bail Appl..No. 7043 of 2013 () ------------------------------- CRIME NO. 404/2013 OF ALAKODE POLICE STATION, KANNUR DISTRICT ------------------- PETITIONERS/ACCUSED3& 4 : ----------------------------------------------- 1. SINDHU, W/O.BINEESH, AGED26YEARS, MOOTHEDATH HOUSE, KOTTAYAD P.O., ALAKODE, KANNUR DISTRICT.
2. BINEESH K., S/O.KANNAN, AGED29YEARS, MOOTHEDATH HOUSE, KOTTAYAD P.O. ALAKODE, KANNUR DISTRICT. BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A. RESPONDENT/COMPLAINANT : ---------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON2410-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn P.BHAVADASAN, J.
--------------------------------------- Bail Application No.7043 OF2013--------------------------------------- Dated this the 24th day of October, 2013. ORDER
The petitioners are accused Nos.3 and 4 in Crime No.404/2013 of Alakode Police Station who are alleged to have committed the offences punishable under Sections 366A, 376, 212 read with Section 34 of Indian Penal Code and Sections 4, 7, 8 and 17 of Protection of Children from Sexual Offences Act, 2012.
2. This Court is relieved of the burden of going into the facts of the case in detail for the simple reason that the said exercise has already been undertaken by this Court on several occasions in various applications including applications for anticipatory bail.
3. The petitioners would say that they have been in custody from 31.07.2013 onwards and their continued custody is unnecessary.
4. The petition is very strongly opposed by the learned Public Prosecutor who points out that the petitioners are the main B.A. No.7043/2013 2 persons who are responsible for the transaction and they will not be let off lightly.
5. True, the role of the petitioners as seen from the records is indeed deep and the allegations against them are very serious and grave. They seem to have been harboured the victim though at the instance of the mother of the victim. However, the fact remains that they have been in custody from 31.07.2013 onwards and a good part of the investigation as far as the petitioners are concerned must have been completed by now. Since no apprehension is expressed by the investigating agency that if the petitioners are released on bail, they are likely to abscond, their continued custody appears to be unnecessary. The application is allowed on the following conditions: i) The petitioners shall be released on bail on each of them executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the Court concerned. ii) The Court concerned shall ensure the identity of the sureties and also the veracity of the tax receipts produced by him. B.A. No.7043/2013 3 iii) The petitioners shall report before the Investigating Officer on every Wednesday between 9 a.m and 10 a.m until further orders. iv) The petitioners shall not try to contact the victim either directly or indirectly. v) The petitioners shall surrender their passports before the Court concerned and if does not possess a valid passport, an affidavit to that effect shall be filed before the Court concerned. vi) The petitioners shall not leave the State of Kerala without prior permission of the Court concerned. vii) The petitioners shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. viii) If any of the condition is violated, the bail granted shall stand cancelled and the Court concerned, on being satisfied of the said fact, may take such steps as are available to it in law. Sd/- P.BHAVADASAN JUDGE smp