IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 Bail Appl..No. 6448 of 2011() ----------------------------- CRIME NO.908/2011 OF KODUNGALLUR POLICE STATION PETITIONER/ACCUSED: ---------------------------- HARIS, AGED 21 YEARS, S/O.KUNJU MOHAMMED, KUNJU MAKKACHALIL HOUSE, AZHEEKODE DESOM. BY ADV. SMT.K.S.SABITHA SMT.T.J.SEEMA RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REP.BY REPRESENTED BY S.I.OF POLICE, KODUNGALLUR POLICE STATION (CRIME NO.908/2011) REP.BY ADDL.PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6448 of 2011 --------------------------- Dated this the 12th 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 the accused in Crime No.908 of 2011 of Kodungallur Police Station. 2. The offences alleged against the petitioner are under Sections 376, 379 and 506(i) of the Indian Penal Code and Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The prosecution case is the following : The accused pretended love towards the victim, aged 18 years, and promised to marry her. On 13.5.2011, the accused came to the house of the victim and by force and threat, he committed rape on her. While going back, the accused committed theft of a gold chain weighing six gms. belonging to the sister of the victim. BA 6448/2011 2 4. The FI Statement was recorded on 13.7.2011. It is stated that the matter was reported to the police when there was threat from the side of the accused. The petitioner was arrested on 16.7.2011 and he was remanded to judicial custody. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. 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. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kodungallur, subject to the following conditions: A) The petitioner shall not enter into Kodungallur Police Station limits for a period of two months except for complying with conditions (B) and (C) ; BA 6448/2011 3 B) 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; C) The petitioner shall appear before the investigating officer for interrogation as and when required; D) The petitioner shall surrender his passport before the JFCM, Kodungallur. If the petitioner does not have a passport, an affidavit sworn to by him to that effect shall be filed; 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 csl