IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 Bail Appl..No. 6886 of 2011 CRIME NO.674 OF 2011 OF VADANAPPILLY POLICE STATION, THRISSUR. PETITIONER/3RD ACCUSED ------------------------------------------ SHAMIL KUMAR, AGED 28 YEARS, S/O.SHANMUGHAN, KURUPPAMVEETTIL HOUSE, B.S.ROAD, VADANAPPILLY VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VADANAPPILLY POLICE STATION, THRISSUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6886 OF 2011 ------------------------------------------------------ Dated this the 29th day of August, 2011 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.3 in Crime No.674 of 2011 of Vadanappilly Police Station, Thrissur District. 2. The offence alleged against the petitioner is under Section 376 (2)(g) of the Indian Penal Code. 3. The date of occurrence was on 27.7.2011. The petitioner was arrested on 29.7.2011 and he is in judicial custody. 4. The learned counsel for the petitioner submitted that even if all the allegations are taken as true, there is no allegation that the petitioner had sexual contact with the victim. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BAIL APPL. NO. 6886 OF 2011 :: 2 :: 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. 6. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Chavakkad, 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, 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; 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 ahz/