IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Bail Appl..No. 9692 of 2011 CRIME NO.285 OF 2011 OF THRIKKUNNAPPUZHA POLICE STATION PETITIONER/ACCUSED -------------------------------------- VIPIN, AGED 22 YEARS, S/O.SATHYAN, NATTUTHOTTIL VEETTIL, RAMANCHERI MURI, ARATTUPUZHA VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.G.RAJEEVKUMAR SRI.B.RENJITHKUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, THRIKUNNAPPUZHA POLICE STATION IN ALAPPUZHA DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 1/12/2011, THE COURT ON 21/12/2011 PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9692 OF 2011 ------------------------------------------------------ Dated this the 21st day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.285 of 2011 of Thrikkunnappuzha Police Station, Alappuzha District. 2. The offences alleged against the petitioner are under Section 376(f) of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. 3. The prosecution case is that on 23.9.2011, the accused, who is a distant relative of the victim, forcibly took the victim to the house of his mother's sister and committed rape. The victim is only aged 11½ years who is studying in the sixth standard. The petitioner was arrested on 26.9.2011 and he was remanded to judicial custody. 4. B.A.No.8916 of 2011 filed by the petitioner under Section 439 of the Code of Criminal Procedure was dismissed by the order BAIL APPL. NO.9692 OF 2011 :: 2 :: dated 10th November, 2011. The investigation has progressed much thereafter. 5. 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. 6. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Haripad, 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 and Thursdays for a period of one month and thereafter 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; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BAIL APPL. NO.9692 OF 2011 :: 3 :: 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 ahz/