IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 Bail Appl..No. 1557 of 2010() --------------------------------- Cr. NO. 9/2010 0F ALAKODE POLICE STATION ............ PETITIONER/ACCUSED : ---------------------------- REJITH @ KOCHUMON, S/O.MOHANAN, AGED 26 YEARS, THENGAZHIKATH VEEDU, EDATHARA, KADAKKAL TALUK, KOLLAM DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENT/COMPLAINANT : ------------------------------------ STATE, THROUGH THE STATION HOUSE OFFICER, SREEKANDAPURAM POLICE STATION KANNUR DISTRICT (CRIME NO.9/10 OF ALAKODE POLICE STATION, KANNUR DISTRICT) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1557 of 2010 ------------------------------------ Dated this the 26th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Cr. No.9/2010 of Alakode Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that the petitioner enticed the victim girl aged about 20 years, took her from her house to several places and had sexual intercourse with her against her consent. The petitioner was arrested on 17/1/2010 and he was remanded to judicial custody. 4. I have perused the Case Diary. The statement of the victim girl reveals the following facts: She lost her father. Her mother is a coolie. They purchased a bed on instalment basis from P.K. Agencies. The instalments were being collected every week. Two months before the incident, the petitioner came to the house of the victim girl for the collection of the instalments. Thereafter, he used to come for B.A. No. 1557 of 2010 2 collection. The petitioner got acquaintance with the victim. He made her to believe that his father and mother died in an accident and that he has only three brothers. The victim had sympathy towards the petitioner. They exchanged the mobile phone numbers. The petitioner used to contact the victim. He offered to marry her. During the night of 3/1/2010, the petitioner contacted the victim over mobile phone and asked her to go to Taliparamba on the next day. He assured that he would marry the victim at the Registrar's Office, Taliparamba on 4/1/2010. She was also asked to take money for meeting necessary expenses. While going to Taliparamba, she withdrew Rs.10,000/- deposited by her in a Co-operative Bank. She met the petitioner. Making her to believe that the witnesses had not turned up, she was requested to accompany him to kannur. After reaching Kannur, the petitioner stated that they could go to Kozhikode. They went to Kozhikode. After reaching Kozhikode, the petitioner made the victim to believe that they could go to the house of the petitioner’s uncle. They went in a bus. By about 8.30 P.M, they reached Palakkad. They stayed in a lodge. She was subjected to forcible sex during that night. On the next day, they went to B.A. No. 1557 of 2010 3 Palani and stayed in a lodge. Thereafter, she was taken to a place near Sharavana Poika. A rolled gold tali in a rolled gold chain was tied on her neck, standing in front of a temple, making her to believe that he had married her. The victim had a gold chain weighing one sovereign with her. That was taken by the petitioner and he pledged it in Muthoot financiers for Rs.7,500/-. That money was taken by him. Later, they stayed in a room on the side of an institution run by a keralite, till 14/1/2010. During all these days, the petitioner had sexual contact with the girl. 5. While they were at Palani, the victim contacted her mother’s sister at Aluva over phone. At that time, the victim girl realized that the petitioner is a married man and that the petitioner was duped by him. Under some pretext or other, the petitioner was taken by the victim to Aluva. On giving information to the police, the petitioner was arrested. 6. The petitioner had filed B. A. No. 824/2010 for bail, which was dismissed by the order dated 16.02.2010. The investigation has progressed thereafter. 7. The petitioner filed Crl.M.A. No. 1623/2010 and his Electoral Identity Card and page 3 of the S.S.L.C. Book are B.A. No. 1557 of 2010 4 produced to show his correct address as shown in the Bail Application. These documents were produced in answer to the contention put forward by the learned Public Prosecutor and that the petitioner does not appear to have a permanent abode. 8. 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 on stringent conditions. 9. 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, Taliparamba subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on every Monday, 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 Alacode Police station for a period of two months, except for complying with conditions A and B. B.A. No. 1557 of 2010 5 D) The petitioner shall surrender his passport before the Court of the Judicial Magistrate of the First Class, Taliparamba within one week from the date of release on bail. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. E) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. F) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. G) 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