IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 6513 of 2011() ----------------------------- CMP.6943/2011 of J.M.F.C. - I, KARUNAGAPPALLY (CRIME NO.1733/2011 OF KARUNAGAPPALLY POLICE STATION) .................... PETITIONER/ACCUSED 1 ---------------------------------------- MAHESH,S/O. BABU, AMPALATHEKKATHIL VEEDU, SOUTHERN SIDE OF THANNIMMOODU TEMPLE, PUTHUKKADU MURI,CHAVARA VILLAGE,KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 6513 OF 2011 --------------------------------- Dated this the 16th 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.1 in Crime No.1733 of 2011 of Karunagappally Police Station. 2.The offences alleged against the petitioner are under Sections 376 and 366-A of the Indian Penal Code. 3.The prosecution case is that the accused pretended love to the victim, aged 16 years had sexual intercourse with her at her residence on several occasions. Later, the petitioner took the girl to Thrissur and they resided together in the house of accused No.3. It is alleged that the petitioner committed the offence at the residence of accused No.3 as well. The petitioner was arrested on 15.7.2011 and he was remanded to judicial custody. B.A.No. 6513 OF 2011 2 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 his executing bond for `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally, subject to the following conditions: A) The petitioner shall not enter into the Police Station limits of Karunagappally Police Station for a period of two months except for comply with conditions B & C. 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. B.A.No. 6513 OF 2011 3 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