IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 9691 of 2011 CRIME NO.1072 OF 2011 OF KALADY POLICE STATION, ERNAKULAM. PETITIONER/ACCUSED -------------------------------------- GEORGE, AGED 35 YEARS, S/O.IPE, EDASSERRY HOUSE, CHAMMINI BHAGM, MALAYATTOOR KARA, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.K.SUNILKUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9691 OF 2011 ------------------------------------------------------ Dated this the 1st day of December, 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.1072 of 2011 of Kalady Police Station. 2. The offence alleged against the petitioner is under Section 511 of 376 of the Indian Penal Code. 3. The prosecution case is that on 13.10.2011 at 7 P.M., the accused attempted to commit rape of the defacto complainant. With great difficulty, she escaped from the clutches of the accused. As a result of the attack made by the accused, the defacto complainant sustained injuries. She was admitted in the hospital. The wound certificate indicates that the defacto complainant sustained injuries. It is submitted by the learned Public Prosecutor that the injuries are attributable to the attempt to commit rape. BAIL APPL. NO.9691 OF 2011 :: 2 :: 4. The petitioner was arrested on 14.10.2011 and he was remanded to judicial custody. 5. B.A.No.9239 of 2011 filed by the petitioner for bail was dismissed by the order dated 15.11.2011. It is submitted by the learned Public Prosecutor that the investigation is in progress. The learned Public Prosecutor also submitted that on earlier occasions also, the petitioner attempted to commit the offence against the defacto complainant. 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, however, only with effect from 12.12.2011. 7. The petitioner shall be released on bail only on 12.12.2011 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, Perumbavoor, subject to the following conditions: BAIL APPL. NO.9691 OF 2011 :: 3 :: 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 two months 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; 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/