IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 8264 of 2011() ----------------------------- CMP.1302/2011 of J.M.F.C.-I, ALUVA Crime No.2629 of 2011 of Aluva East Police Station .................... PETITIONER/ACCUSED -------------------------------------- MUKESH, AGED 22 YEARS, S/O.CHANDRAN, EDAVANAPPARAMBU (H), 4 CENT COLONY, ASOKAPURAM, ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.JIJO PAUL KALLOOKKARAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8264 OF 2011 --------------------------------- Dated this the 13th day of October, 2011 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.2629 of 2011 of Aluva East Police Station. 2.The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3.The prosecution case is that in May 2011, the petitioner took the victim, a minor girl below the age of 16 years to a cinema theater, and sexually exploited her during morning show. The petitioner was arrested on 17.9.2011 and he was remanded to judicial custody. The victim was studying for Plus One. The petitioner is a welder by profession. 4. Heard the learned counsel for the petitioner and the B.A.No.8264 OF 2011 2 learned Public Prosecutor. I have also perused the case diary. The investigation is in progress. 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 with effect from 31.10.2011. 7.The petitioner shall be released on bail on 31.10.2011 on his executing bond for Rs.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-I, Aluva, 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. B.A.No.8264 OF 2011 3 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