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. 8726 of 2011 CRIME NO.1910 OF 2011 OF KALAMASSERY POLICE STATION, ERNAKULAM. PETITIONER/ACCUSED -------------------------------------- JIJO PAUL, AGED 20 YEARS, S/O.JOY GEORGE, MULLAPARAMBIL HOUSE, NEAR PUTHIYAROAD BHAGAM, PALARIVATTOM DESOM, EDAPPALLY SOUTH VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.P.A.MUJEEB RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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. ------------------------------------------------------ Bail Appl. NO. 8726 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.1910 of 2011 of Kalamassery Police Station, Ernakulam District. 2. The offences alleged against the petitioner are under Sections 363 and 376 of the Indian Penal Code. 3. The prosecution case is the following: The de facto complainant, a minor girl aged 15 years, was taken by the petitioner to Thiruvananthapuram and they stayed in a lodge. It is alleged that the petitioner sexually abused the girl. 4. The petitioner and the de facto complainant were neighbours and they were close with each other. The father of the girl came to know about it. On a request made by the girl, the petitioner took her to Thiruvananthapuram. A crime was registered BAIL APPL. NO.8726 OF 2011 :: 2 :: under Section 174 of the Code of Criminal Procedure. Accordingly, the petitioner was arrested on 6.10.2011 and he was remanded to judicial custody. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner, however, only with effect from 15.11.2011. 6. The petitioner shall be released on bail only on 15.11.2011 on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Aluva, 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 one month and thereafter, on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; BAIL APPL. NO.8726 OF 2011 :: 3 :: 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 ahz/