IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 Bail Appl..No. 6199 of 2011() ----------------------------- CRIME NO.893/2011 OF ERNAKULAM TOWN SOUTH POLICE STATION PETITIONER/ACCUSED ---------------------------- SANTHOSH, S/O.RAJAN, KILLIYANPALLIYALIL HOUSE, TIRUVEGAPURAM VILLAGE, NADUVATTOM, PATTAMBI, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6199 of 2011 --------------------------- Dated this the 4th day of August, 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.893 of 2011 of Ernakulam Town South Police Station. 2. The offences alleged against the petitioner are under Sections 363 and 376 of the Indian Penal Code. 3. The prosecution case is that the petitioner enticed the victim on 18.5.2011, took her to his house and had forcible sex with her. Later, she was taken to Madurai from where the petitioner was arrested on 21.5.2011. 4. After completing the investigation, charge sheet was laid. 5. Taking into account the facts and circumstances of BA 6199/2011 2 the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and that the charge was laid, I am of the view that bail can be granted to the petitioner. 5. 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 Additional Chief Judicial Magistrate (Economic Offences), Ernakulam, subject to the following conditions: A) The petitioner shall report before the Inspector of Police, Ernakulam Town South Police Station between 9 A.M. and 11 A.M. on alternate Mondays, till the trial is over or until further orders ; 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