IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 7828 of 2011() ----------------------------- CRIME NO.758/2011 OF MATTANNUR POLICE STATION PETITIONER/ACCUSED : -------------------------- K.P. KRISHNAN, S/O. CHANDU PANICKER, AGED 47 YEARS, KUNHIPURAYIL HOUSE, KAYANI.P.O., MATTANNUR,KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT/COMPLAINANT/STATE 1. THE SUB INSPECTOR OF POLICE MATTANNUR POLICE STATION - 670 001. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7828 of 2011 --------------------------- Dated this the 10th 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.2 in Crime No.758 of 2011 of Mattannur Police Station. 2. The offence alleged against the petitioner is under Section 376 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following : The Crime Branch Police while investigating a case involving an offence under Section 302 of the Indian Penal Code came to know from the local people that the accused persons used to sexually abuse a deaf and dumb girl and that she became pregnant and gave birth to a child. The matter was reported to the police chief and based on the directions issued by him, a crime was registered as Crime No.758 of 2011 of Mattannur Police Station. BA 7828/11 2 4. The petitioner was arrested on 7.9.2011 and he was remanded to judicial custody. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 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. 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, Mattannur, 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; BA 7828/11 3 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