IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8270 of 2011() ----------------------------- CRIME NO.393/2007 OF VALAPATTANAM POLICE STATION, KANNUR .................... PETITIONER/ACCUSED --------------------------- PAVITHRAN.T, S/O.GOVINDAN, AGED 46 YEARS, IRIKOTH HOUSE, MAYYIL AMSOM, CHERUPAZHASSI, KANNUR DISTRICT. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8270 of 2011 --------------------------- Dated this the 2nd day of November, 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.393 of 2007 of Valapattanam Police Station, Kannur District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is the following : The accused and the husband of the de facto complainant were close friends and they were working abroad. In 2005, the petitioner came to India. The husband of the de facto complainant had entrusted letter, money and other articles with the petitioner for the purpose of delivering the same to the de facto complainant. When the petitioner went to the house of the de facto complainant, he raped the de facto complainant. Later, the petitioner went to Gulf. In 2007, the husband of the de facto BA 8270/11 2 complainant and the petitioner came to India. Even thereafter, the petitioner tried to harass the de facto complainant. On coming to know all the incidents which took place in 2005, the husband of the de facto complainant committed suicide on 6.6.2007. Crime No.310 of 2007 was registered against the petitioner for the offence under Section 306 of the Indian Penal Code. 4. After completing the investigation, charge sheet was filed in the case. The petitioner surrendered before court on 15.9.2011 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 file. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner on stringent conditions. BA 8270/11 3 7. The petitioner shall be released on bail on his executing bond for ` 50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kannur, subject to the following conditions: A) The petitioner shall surrender his passport before the court of the Judicial Magistrate of the First Class-II, Kannur. If the petitioner does not have a passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; B) The petitioner shall appear before the officer who laid the charge on every Monday between 9 A.M. and 11 A.M. till the trial of the case is over ; 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