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. 6478 of 2011() ----------------------------- CMP.4448/2011 of J.M.F.C.-II,ATTINGAL CRIME NO.712/2011 OF KILIMANOOR POLICE STATION .................... PETITIONER/ACCUSED --------------------- JITHINRAJ @ CHANTHU, S/O. RAJAN, SUDHARMALAYAM, KANNATTUKONAM, KARAVARAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION, KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6478 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 the accused in Crime No.712 of 2011 of Kilimanoor Police Station. 2. The offences alleged against the petitioner are under Sections 366 and 376 of the Indian Penal Code. 3. The prosecution case is the following:- The victim, who was below 16 years of age was induced by the accused to go with him on the allurement that he would marry her. The girl was taken by the accused on 16/07/2011. At about mid night, they went to the rented house of a distant relative of the accused and they remained in that house. It is alleged that the petitioner had sexual intercourse with her. Later the girl was taken to the house of the accused. 4. The petitioner surrendered before the Investigating Officer on 20/07/2011 and on production before the court he was remanded to judicial custody on 21/07/2011. Bail Appln.No.6478/2011 : 2 : 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. 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-II, Attingal, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. Bail Appln.No.6478/2011 : 3 : D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) 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 skj