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. 8486 of 2011() ----------------------------- CRIME NO.166/2011 OF RAJAPURAM POLICE STATION, KASARAGOD .................... PETITIONER/ACCUSED NO.1: -------------------------------------------- KUTTIYACHAN @ V.D.ABRAHAM, S/O.DEVASSIA, AGED 45 YEARS, MAILATTY, PANATHADY VILLAGE, HOSDURG, KASARAGOD DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): --------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, RAJAPURAM POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8486 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 accused No.1 in Crime No.166 of 2011 of Rajapuram Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Section 376 of the Indian Penal Code and Section 3(1) (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The prosecution case is that the de facto complainant, a Scheduled Tribe, was raped by the accused, she became pregnant and gave birth to a child, who is now aged more than 19 years. The offence was committed 20 years back. 4. The petitioner was arrested on 3.10.2011 and he was remanded to judicial custody. 5. Taking into account the fact that the crime was BA 8486/11 2 allegedly committed 20 years back and all the other facts and circumstances of the case, I am inclined to grant bail to the petitioner. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; D) 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