IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 Bail Appl..No. 7219 of 2009() ------------------------------------ CRIME NO. 724/2009 0F OLLUR POLICE STATION, THRISSUR DISTRICT ............... PETITIONER/2ND ACCUSED: ------------------------------------- SUBASH, S/O. SUBRAMANIAN, METHULLIPADAM DESOM, PUTHUR VILLAGE. BY ADV. SRI.P.K.ANIL RESPONDENTS/COMPLAINANTS/STATE: --------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, OLLUR POLICE STATION. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. AMJAD ALI PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7219 of 2009 ------------------------------------ Dated this the 9th day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No. 724/2009 of Ollur Police Station, Thrissur District. 2. The offences alleged against the petitioner are under Section 376 read with Section 34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The date of occurrence was on 27.07.2009. The petitioner was arrested on 14.10.2009. 4. The prosecution case is that the first accused enticed the victim girl aged 15 years from the school under the pretext that her grandmother was seriously ill. The allegation against the second accused is that he gave all assistance and help to the first accused. The girl was taken to the house of the first accused. He committed the offence at his residence. 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 offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. B.A. No. 7219 of 2009 2 6. The petitioner shall be released on bail on his executing bond for Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Thrissur 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 enter into the limits of Ollur Police Station for a period of two months. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. 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 ln