IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Bail Appl..No. 6271 of 2011() ----------------------------- CRIME NO.160/2011 OF KIDANGOOR POLICE STATION, KOTTAYAM .................... PETITIONER/ACCUSED : ---------------------------- SUNOJ,S/O.PAUL 28 YEARS, ARACKAL HOUSE, EDAKKUNAM PO, KOORAVELI VILLAGE, KANNUR DISTRICT,NOW RESIDING AT 20/2029, DEEPAM HOUSE, VYTTILA,ERNAKULAM. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT ------------------------------------ STATE OF KERALA,REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,REPRESENTING SUB INSPECTOR OF POLICE, KIDANGOOR POLICE STATION, KOTTAYAM DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6271 of 2011 --------------------------- Dated this the 8th 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 sole accused in Crime No.160 of 2011 of Kidangoor Police Station, Kottayam District. 2. The offences alleged against the petitioner are under Sections 366, 376, 493 and 420 of the Indian Penal Code. 3. The allegation is that the petitioner pretended love to the de facto complainant's daughter, who is a minor, took her to his flat and had sexual intercourse with her. Later, he took her near a church, tied a thali and made her believe that she was legally married by him. She was again taken to his flat and they lived together for two days. Later, the wife of the petitioner came to the flat and made a hue and cry. At that BA 6271/2011 2 juncture, the petitioner took the girl to Kottayam and stayed there in a lodge. It is alleged that at Kottayam, he had sexual contact with the girl. Later, they surrendered before the police on 30.5.2011. The arrest of the petitioner was recorded on 31.5.2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that after completing the investigation, charge was laid on 28.7.2011. 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 that the charge was laid, 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 ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Ettumanoor, subject to the following conditions: BA 6271/2011 3 A) The petitioner shall report before the C.I. of Police, Pala on all Sundays between 11 A.M. and 1 P.M. until further orders; B) The petitioner shall not enter into the limits of Kidangoor Police Station until further orders; 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