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. 9702 of 2011() ----------------------------- CRIME NO.599/2011 OF PUTHUR POLICE STATION, KOLLAM .................... PETITIONER : ACCUSED ------------------------------ VIJESH, S/O.SUKUMARA PILLAI, GEETHA MANDIRAM,VALATHUNGAL CHERRY, ERAVIPURAM VILLAGE,KOLLAM DISTRICT BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PUTHUR POLICE STATION,KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERANAKULAM PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9702 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.599 of 2011 of Puthur Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 376 and 313 of the Indian Penal Code and Section 66E of the Information Technology Act. 3. The prosecution case is that promising to marry the de facto complainant, the petitioner sexually abused her. She became pregnant. The petitioner promised to marry the de facto complainant within six months and induced her to undergo abortion. Though the petitioner executed an agreement to marry the de facto complainant, he did not comply with the terms of the agreement. It is stated that the de facto complainant as well as the petitioner are divorcees. BA 9702/11 2 The petitioner is a police constable. He is involved in Crime No.160 of 2011 of Konni Police Station wherein the de facto complainant is a woman police constable. 4. The learned Public Prosecutor submitted that the petitioner is under suspension from service. 5. The petitioner was arrested on 11.10.2011 and he was remanded to judicial custody. 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 with effect from 9.12.2011. The petitioner shall be released on bail only on 9.12.2011 on his executing bond for ` 25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, BA 9702/11 3 Kottarakkara, 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 for a period of one month 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 csl