IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 Bail Appl..No. 7474 of 2009() ------------------------------------------ (CRIME NO.1899 OF 2009 OF ERNAKULAM TOWN NORTH POLICE STATION) PETITIONER/ACCUSED: -------------------------------------- ROHIT JOHN, AGED 35,S/O.LATE REJENDRAN NAIR, GRA - 246, GOWREESAPATTOM, PATTOM (P.O.), THIRUVANANTHAPURAM. BY ADVS. MR.B.RAMAN PILLAI, MR.R.ANIL, MR.ANIL K.MUHAMMED, MR.V.B.SUJEESH MENON, MR.JOSEPH P.ALEX, MR.SHYAM ARAVIND, MR.T.ANILKUMAR. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No. 7474 of 2009 ------------------------------------ Dated this the 21st day of December, 2009 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. 1899 of 2009 of Ernakulam Town North Police Station. 2. The offences alleged against the petitioner are under Sections 366, 376, 417, 420 and 468 of the Indian Penal Code. 3. The de facto complainant is a girl studying in Government Law College, Ernakulam. Her case is that the petitioner made her believe that she was involved in several criminal cases. It is alleged that she was taken to various places under the pretext of saving her from the alleged pending crimes. In that process, it is stated, the accused made her believe that a marriage certificate is necessary. Accordingly, a certificate was created as if the petitioner married her. The petitioner is a Christian. The girl belongs to Muslim community. It is also alleged that the petitioner made the girl believe that the petitioner was the Assistant Public Prosecutor and that he could save her from all criminal proceedings. B.A. No. 7474 / 2009 2 4. The petitioner was arrested on 30/10/2009 and he was remanded to judicial custody. 5. B.A. No.6962/2009 filed by the petitioner was dismissed as per the order dated 26/11/2009. The investigation has progressed much thereafter. 6. It is submitted by the learned counsel for the petitioner that the petitioner is prepared to comply with any condition that may be imposed by the court for granting bail. 7. 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. 8. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam 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, till the final report is filed or until further orders. B.A. No. 7474 / 2009 3 B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not leave the limits of Ernakulam Town North Police Station for a period of two months, without prior intimation in writing to the investigating officer. D) The petitioner shall surrender his Passport, if any, before the Court of the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam. If the petitioner does not possess a Passport, an affidavit to that effect shall be filed before the learned Magistrate. 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 scm