IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 Bail Appl..No. 7517 of 2009() ----------------------------- CRIME NO. 637/2009 OF THE NADAKKAVU POLICE STATION PETITIONER/ACCUSED -------------------------------------- USMAN.R.K., S/O.ABDU, AGED 47 YEARS, RARANKANDATHIL VEEDU, THAVANNOOR P.O., THAVANNOOR VILLAGE, MALAPPURAM DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, NADAKKAVU POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. ------------------------------------------------------ B.A. 7517 of 2009 ------------------------------------------------------ Dated: JANUARY 1, 2010 ORDER This is a bail application filed by the accused in Crime No.637 of 2009 of Nadakkavu Police Station, coming within the jurisdiction of Judicial First Class Magistrate Court-IV, Kozhikode, under section 439 of Cr.P.C. 2. The allegation against the petitioner is that on September 24, 2009 at about 12 O' clock in the noon he took the de facto complainant from near the MES College, Kozhikode, to a cool bar at Mananchira and showed her some nude photographs of her mother in mobile phone and attempted to have rape with her and to blackmail her and that thereby committed offences punishable under sec.509 of IPC and under sec.67 of the IT Act. The accused was arrested on 17.11.2009 and is in remand thereafter. The bail applications filed by him before the trial court as well as before the Sessions Court were dismissed. 3. It is alleged in the petition that the the petitioner is innocent of the offence alleged against him, that there was considerable delay in filing the complaint and that therefore he may be released on bail. 4. Notice given to the Public Prosecutor. The Public Prosecutor opposed the bail application. Heard learned counsel for the petitioner and the learned Public Prosecutor. BA 7517/09 2 5. On going through the case diary produced it is seen that the investigation in this case is almost over. Further, the accused is in remand from 17.11.2009 onwards. Therefore I feel that the petitioner can be released on bail, but on conditions. In the result the petition is allowed. The petitioner shall be released on bail on executing a bond for Rs.25,000/- (twentyfive thousand) with two solvent sureties for like sum each to the satisfaction of the lower court, on the following conditions:- i. The petitioner shall report before the Investigating Officer on all Mondays at 11 a.m. ii. The petitioner shall not intimidate the witnesses or tamper with the evidence. iii. The petitioner shall surrender his passport, if any, before the trial court. iv. The petitioner shall not leave the jurisdiction of the lower court without prior permission. P.Q. BARKATH ALI, JUDGE mt/- BA 7517/09 3