IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 Bail Appl..No. 6757 of 2011 CRIME NO.738 OF 2011 OF KOTHAMANGALAM POLICE STATION PETITIONER/ACCUSED: --------------------------------------- SHIBU, S/O.NALLURAJ, AGED 28 YEARS, SHEJU BHAVAN (H) KURUMANNACHERRY KARA, MUKATHALA VILLAGE, KOLLAM. BY ADV. SRI.P.M.HABEEB RESPONDENT: --------------- STATE OF KERALA, REP.BY STATION HOUSE OFFICER, KOTHAMANGALAM POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6757 OF 2011 ------------------------------------------------------ Dated this the 23rd day of August, 2011 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.738 of 2011 of the Kothamangalam Police Station. 2. The offence alleged against the petitioner is under Sections 511 of 376 and 450 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. 3. The prosecution case is the following: The defacto complainant, his aged mother and his minor daughter aged 9 years are residing in the house belonging to the defacto complainant. The wife of the defacto complainant is working abroad. The defacto complainant is working at Ernakulam. A new house is under construction in the residential compound of the defacto complainant. For the purpose of certain works, he had brought the accused and another person from Kollam. They were staying in the house under BAIL APPL. NO.6757 OF 2011 :: 2 :: construction. On 27.6.2011, at about 5.45 p.m., when the minor daughter of the defacto complainant went to the new house under construction to take the clothes, the accused attempted to commit rape on the minor girl. The petitioner was arrested on 28.6.2011 and he was remanded to judicial custody. 4. B.A.No.6079 of 2011 filed by the petitioner was dismissed by the order dated 2nd August, 2011. 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 on very stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rupees Fifty thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kothamangalam, 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 BAIL APPL. NO.6757 OF 2011 :: 3 :: and Thursdays, 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 surrender his Passport before the Court of the Judicial Magistrate of the First Class, Kothamangalam. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; 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 ahz/