IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 Bail Appl..No. 8662 of 2011 CRIME NO.584 OF 2011 OF PARIPPALLY POLICE STATION, KOLLAM. PETITIONER/ACCUSED -------------------------------------- RAJEESH, AGED 24 YEARS, S/O.GOPALAKRISHNAN, KOVOOR DESOM, NEAR VAYANASALA JUNCTION, P.G.LAND, CHEMMARUTHI VILLAGE, KOLLAM DIST. BY ADV. SRI.BINU GEORGE RESPONDENT: STATE ------------------------------- STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, S.PARAVUR, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8662 OF 2011 ------------------------------------------------------ Dated this the 25th day of October, 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.584 of 2011 of Parippally Police Station, Kollam District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is the following : The police got information that a girl, aged 15 years, was brought to SAT Hospital, Thiruvananthapuram for medical termination of pregnancy. The police went to the hospital. The mother of the girl gave the information that her daughter became pregnant due to the offence of rape committed by the petitioner. The crime was accordingly registered. The petitioner was arrested on 3.8.2011 and he was remanded to judicial custody. BAIL APPL. NO.8662 OF 2011 :: 2 :: 4. B.A.No.7059 of 2011 filed by the petitioner was dismissed by the order dated 2.9.2011. The petitioner filed B.A.No.7824 of 2011, which was also dismissed as per the order dated 29.9.2011. The investigation has progressed much thereafter. 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. 6. 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, South Paravoor, 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 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; BAIL APPL. NO.8662 OF 2011 :: 3 :: 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/