IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Bail Appl..No. 4141 of 2009() ----------------------------- CRIME NO.289/09 OF HARIPAD POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- MADHU, AGED 30 YEARS, S/O. BHASKARAN, ALUMTHARAYIL VEEDU, WARD.NO.1,PALLIPPADU PANCHAYATH, VASHUTHAMA MURI, ALAPPUZHA DIST. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4141 of 2009 --------------------------------------------- Dated this the 29th day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.289 of 2009 of Haripad Police Station. 2. The offences alleged against the petitioner are under Sections 376 and 478 of the Indian Penal Code. The petitioner was arrested on 28.6.2009. 3. The prosecution case is that on 1.6.2008, the petitioner committed rape on the defacto complainant. Again in August 2008, he indulged in similar acts. The defacto complainant became pregnant and she gave birth to a male child in May 2009. The crime was registered on 20.5.2009. As stated earlier, the petitioner was arrested on 28.6.2009. 4. 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 BA No.4141/2009 2 petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.25,000/- 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, 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 enter the limits of Haripad police station for a period of two months except for complying with conditions (a) and (b); 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 csl