IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Bail Appl..No. 9018 of 2011() ----------------------------- CMP.3389/2011 of J.M.F.C.,KATTAKADA CRIME NO.881 OF 2011 OF KATTAKADA POLICE STATION, THIRUVANANTHAPURAM DT. .................... PETITIONER: -------------------- SUKUMARA PANICKER, AGED 64 YEARS, S/O.BARGAVAN KALA BHAVAN VEEDU, NEAR KADIBOARD AMBALATHINKALA, PARACHALMURY,KULATHUMMAL VILLAGE KATTAKADA 695 572. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): --------------- STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTING SUB INSPECTOR OF POLICE KATTAKADA POLICE STATION. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.9018 OF 2011 --------------------------------- Dated this the 8th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.881 of 2011 of Kattakada Police Station, Thiruvananthapuram District. 2.The offences alleged against the petitioner are under Sections 376, 506(i), 323 and 324 read with 34 of the Indian Penal Code. 3.The allegation is that the petitioner committed the offence on several occasions while the victim, a mentally retarded woman aged 20 years, used to go to his house for supplying milk. The victim had her education in a school intended for mentally challenged persons. Her mother is also a mentally challenged person. B.A.No. 9018 OF 2011 2 4. The petitioner was arrested on 3.9.2011 and he was remanded to judicial custody. 5. Bail Application No.8105 of 2011 filed by the petitioner was dismissed by the order dated 11th October, 2011. Investigation has progressed thereafter. 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. 7.The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 B.A.No. 9018 OF 2011 3 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 enter into the Police Station limits of Kattakada Police Station for a period of two months except for complying with conditions A & B. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioner shall cooperate with the investigating officer in the matter of investigation. 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. cms