IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Bail Appl..No. 5867 of 2009() ----------------------------- CRIME NO.713/2009 OF NEMOM POLICE STATION .................... PETITIONER (S): ACCUSED: ---------------------------- ROOPAK, AGED 20 YEARS, S/O.CHANDRAN, AMBALLOOR MELE PLAVILA, NEAR KAZHAKUTTOM ZAINIK SCHOOL, KAZHAKUTTOM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANTS: ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NEMOM POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5867 of 2009 --------------------------------------------- Dated this the 13th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.713 of 2009 of Nemon Police Station. 2. The offences alleged against the petitioner are under Sections 366A and 376 of the Indian Penal Code. 3. The date of occurrence was on 22.9.2009. The petitioner was arrested on 25.9.2009. The victim was aged 16 years at the relevant time. The learned counsel for the petitioner submits that the victim has stated in her statement that she was in love with the petitioner and that she had gone with the petitioner on her own volition. The learned counsel for the petitioner also relies on the agreement entered into between the members of both the families of the petitioner and the victim. 4. 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 BA No. 5867/2009 2 petitioner. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Neyyattinkara, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Sundays, 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 csl