IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Bail Appl..No. 6877 of 2009 CRIME NO.1484 OF 2009 OF KALAMASSERY POLICE STATION PETITIONER/ACCUSED -------------------------------------- LIBIN, S/O.ACHUTHAN, AGED 24 YEARS, VATTOLIPARAMBIL, KURUVATOOR, PALAKKAD DISTRICT. BY ADV. SRI.KRISHNADAS P. NAIR RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO.6877 OF 2009 ------------------------------------------------------ Dated this the 30th day of November, 2009 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.1484 of 2009 of Kalamassery Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The victim is a fifteen year old girl studying in X standard. It is alleged that the accused got acquainted with the girl over phone. The petitioner is working as a Call Centre Executive of Vodaphone. He was working in Kalamassery. Later, he had gone to Shornur. It is alleged that on 23.3.2009, the girl was brought to the residence of the petitioner at Kalamassery and he committed the offence on that day. The First Information Report was registered only on 16.10.2009. It would appear that in the meanwhile, the girl went to Shornur Railway Station in search of the petitioner. The Railway B.A. NO. 6877 OF 2009 :: 2 :: Protection Force, on suspicion, collected the details from the girl and they informed the police. Accordingly, the crime was registered. The petitioner was arrested on 21.10.2009 and he was remanded to judicial custody. 4. The investigation is in progress. Potency test of the petitioner was conducted. 5. In the facts and circumstances of the case, I think the petitioner can be released on bail on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- 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, 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; c) The petitioner shall not enter the limits of Palluruthy Police Station where the victim is residing, until further orders; B.A. NO. 6877 OF 2009 :: 3 :: d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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/