IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6803 of 2011 CRMP.2670/2011 OF DISTRICT COURT, KOTTAYAM CRIME NO.412 OF 2011 OF THALAYOLAPARAMBU POLICE STATION PETITIONER: ACCUSED: -------------------- SURESH BABU, S/O.SUNDARAN, VATTAKKAVIL HOUSE, THURUTHIMMA KARA, CHEMPU VILLAGE. BY ADV. SMT.P.K.RADHIKA SMT.DIJI.K.DASAN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, THALAYOLAPARAMBU POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6803 OF 2011 ------------------------------------------------------ Dated this the 26th 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.412 of 2011 of Thalayolaparambu Police Station. 2. The offences alleged against the petitioner are under Sections 292(b) and 376 of the Indian Penal Code and Sections 66E and 67A of the Information Technology Act. 3. The petitioner was arrested on 3.8.2011 and he is in judicial custody since then. 4. The allegation is that the petitioner committed rape of the wife of the de facto complainant, took video clippings of the incident in his mobile phone and transmitted the same to others. The victim and the petitioner are neighbours. BAIL APPL. NO.6803 of 2011 :: 2 :: 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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 on stringent conditions. 7. 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, Vaikom, subject to the following conditions: a) The petitioner shall not enter into the Police Station limits of Thalayolaparambu Police Station, for a period of three months; b) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class, Vaikom. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; c) 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; BAIL APPL. NO.6803 of 2011 :: 3 :: d) The petitioner shall appear before the investigating officer for interrogation as and when required; 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 ahz/