IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 Bail Appl..No. 7685 of 2009() -------------------------------------- SC.1016/2009 of ADDL. DISTRICT COURT(ADHOC 2), THRISSUR CP.40/2000 of J.M.F.C.,CHAVAKKAD CRIME NO.241/1999 OF PAVARATTY POLICE STATION, THRISSUR. .................... PETITIONER/ACCUSED: -------------------------------------- JABBAR, S/O.MOIDEEN, CHUNKATH VEETTIL, KAKKASSERY DESOM, ELAVALLY, THRISSUR DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT/ STATE: ------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. C.S.HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. ---------------------------------------------------------- BAIL APPLICATION NO. 7685 OF 2009 ---------------------------------------------------------- Dated this the 1st day of January, 2010 O R D E R This bail application is filed by the accused in Sessions Case No.1016 of 2009 on the file of the Additional Sessions Judge, (Fast Track Court No.II (Adhoc), Thrissur under Section 439 of Cr.P.C. 2. The allegation against the accused is that he committed rape of defacto complainant promising her to marry during 1999 and that thereby committed an offence punishable under Section 376 of IPC. Petitioner was arrested on 28.11.2009 and is in remand thereafter. 3. It is alleged in the petition that, even during crime stage petitioner surrendered on 8.1.2009 and was released on bail on 12.1.2001, as per the order of this Court in Crl.M.C. No.305/2001 and that thereafter he could not appear before court as he was out of station in connection with his employment. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. BAIL APPLICATION NO. 7685 OF 2009 2 5. The Public Prosecutor submitted that if bail is granted to petitioner stringent condition should be imposed. 6. It is admitted that this court has released the petitioner on bail by order dated 12.1.01 in Crl.M.C.No.305/2001. Admittedly investigation in this case is over and the matter is pending before the Additional Sessions Court (Fast Track Court No.II (Adhoc), Thrissur. Therefore, I find that petitioner can be released on bail on conditions. In the result, the petition is allowed. The petitioner shall be released on bail his executing a bond for Rs.25,000/-with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- The petitioner shall appear before the lower court on all hearing dates and co-operate with the trial. If he fails to appear the trial court can cancel his bail. P.Q. BARKATH ALI,JUDGE. mns