IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 Bail Appl..No. 8048 of 2008(A) ----------------------------------------- (CRIME NO. 678/2008 OF PAVARATTY POLICE STATION) ........... PETITIONER/ ACCUSED: ------------------------------------ JAISON, S/O. KURIAKKU, VADAKKAN VEEDU, MULLASSERI VILLAGE, ANNAKARA DESOM. BY ADV. SRI.C.A.CHACKO. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTING S.I. OF POLICE, PAVARATTY, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 8048 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 9th day of January,2009 O R D E R Petition for bail. 2. The alleged offences are under sections 377 IPC and 3 (2)(v) of Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act. According to prosecution, on 11-12-2008 at about 8 p.m. petitioner took a minor boy aged 13 years to a nearby building and committed unnatural offence. 3. Petitioner was arrested on 13-12-2008 and he is in custody since then. Learned Public Prosecutor submitted that the allegations made by the boy will not attract any offence under section 377 IPC, even though some sexual act is done. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. 5. Hence, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every Monday BA 8048/08 -2- and Thursday between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not intimidate or influence any witness or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.