IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 9313 of 2011() ----------------------------- CMP.9159/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.342/2011 OF AMBALATHARA POLICE STATION KASARAGOD DISTRICT .................... PETITIONER/ACCUSED : -------------------- PRIYESH.T,S/O.M.V.NARAYANAN, AGED 24 YEARS,KAIPPATTIL HOUSE,ATHAMTHURUTHI, CHERUVATHUR VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,THROUGH SUB INSPECTOR OF POLICE, AMBALATHARA POLICE STATION, KASARAGOD DISTRICT,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9313 of 2011 ---------------------------------------------- Dated this the 28th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.342 of 2011 of Ambalathara Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that the victim aged 17 years and the petitioner fell in love and the the accused sexually exploited her at a lonely place near her residence and also at the residence of a relative of the accused. The accused promised to marry the de facto complainant. However, he stated to her later that he was not willing to marry her. The de facto complainant made attempts to commit suicide. 4. The petitioner was arrested on 31/10/2011 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. Bail Appln.No.9313/2011 : 2 : 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg, 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 two months and thereafter on Mondays, till the final report is filed or until further orders; B) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class-I, Hosdurg. If the Passport was seized by the police or if the petitioner does not have a Passport, an affidavit sworn Bail Appln.No.9313/2011 : 3 : to by him to that effect shall be filed before the learned Magistrate; C) The petitioner shall appear before the investigating officer for interrogation as and when required; 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 skj