IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 17TH JUNE 2010 / 27TH JYAISTHA 1932 Bail Appl..No. 3632 of 2010() ----------------------------- CRMP.1275/2010 of J.M.F.C.-I, MAVELIKKARA .................... (CRIME NO.441/2010 OF KAYAMKULAM POLICE STATION) PETITIONER/ACCUSED -------------------------------------- AJITH KUMAR @ THAMPAN, S/O. KESAVAN, THATTAKKATTU THARAYIL VEEDU, THEKKU KOCHUMURI, KRISHNAM VILLAGE. BY ADV. SRI.S.MOHANAN RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3632 OF 2010 -------------------------------- Dated this the 17th day of June 2010 ORDER This petition is for bail. 2. The alleged offences are under Sections 354, 377, 511 and 376 IPC. According to prosecution, petitioner sexually assaulted de facto complainant's daughter who is aged nine years from his shop when she went there for purchasing stationery items. The incident happened in the first week of April and also prior to this, on several occasions. FIR was registered on 15/04/2010. 3. Petitioner was arrested on 16/04/2010, and he is in custody for the past 61 days. Learned counsel for petitioner submitted that offence attracted in this case is only under Section 354 which is bailable. There is a delay of 4 days in lodging complaint. It is also submitted that no injury is sustained by the girl. But, de facto complainant's husband is working abroad and he is the friend of petitioner. Petitioner and de facto complainant are not on good terms and hence, false complaint is made. 4. Learned Public Prosecutor submitted that no mother would make an allegation against her nine year old girl, as stated in FIS. However, it is true that as per the Wound Certificate, no injury is caused to private part of the girl. B.A No.3632 OF 2010 2 5. On hearing both sides and on going through the Case Diary, particularly the Wound Certificate and the allegations made therein and stage of investigation, I find that bail can be granted to petitioner on stringent conditions. Hence, the following order is passed. Petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions: (i) Petitioner shall report before the Superintendent of Police, Alappuzha on every Monday and Thursday between 10 A.M and 1 P.M. (ii) Petitioner shall not influence or intimidate any witness or tamper with any evidence. (iii) Petitioner shall not enter the limits of the police station, within which the crime is registered, except for compliance of condition No.(i). (iv) In case the petitioner is involved in any similar case, his bail is liable to be cancelled. Petition is allowed. K.HEMA vdv JUDGE