IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 17TH MAY 2011 / 27TH VAISAKHA 1933 Bail Appl..No. 3465 of 2011() ---------------------------------- (CRIME NO.121/2011 OF RJAKKADU POLICE STATION, IDUKKI DISTRICT) ........ PETITIONER/1ST ACCUSED -------------------------------- SREEJITH, S/O.SASI, THEKKEDATHU VEEDU, ANCHUPARAPADI BHAGAM, PIRAVANOOR P.O., PIRAVANNOOR VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENT(S): -------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ADIMALY. BY PUBLIC PROSECUTOR SMT. D.MEERA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs N.K.BALAKRISHNAN, J. ----------------------------------- B.A. No.3465 OF 2011 --------------------------------------- Dated this the 17th day of May, 2011 ORDER Petitioner is the 1st accused in Crime No.121/2011 of Rajakkadu Police Station. It was registered under Sections 354, 366A, 376 r/w Section 34 of IPC. Petitioner has been in custody since 25.03.2011. His bail application was dismissed by the trial Court. 2. The material allegations is that the petitioner kidnapped a girl aged 15 yers and raped and thus committed offence. 3. Petitioner seeks regular bail. 4. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. 5. Since 25.03.2011 he has been in judicial custody, considering the period of detention already undergone by the accused and in view of the submission made on behalf of the accused that he will abide any condition that may be imposed on B.A.No3465./11 2 him, the accused is granted bail with effect from 23.5.2011 subject to the following conditions: i. The accused shall execute a bond for Rs.1 lakhs with two solvent sureties for the like sum to the satisfaction of the concerned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties. ii. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. iii. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the learned Magistrate. iv. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person B.A.No3465./11 3 acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. v. The accused and the sureties shall not leave the jurisdiction of the learned Magistrate without the prior permission of the learned Magistrate. vi. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. vii. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioner shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. N.K. BALAKRISHNAN, JUDGE acd B.A.No3465./11 4 B.A.No3465./11 5