IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 Bail Appl..No. 251 of 2009 ------------------------------------ (CRIME NO. 430/2008 OF ERATTUPETTA POLICE STATION) ............... PETITIONER/ ACCUSED: ----------------------------------- VIJAYAKUMAR, AGED 37 YEARS, S/O.RAJAYYA, CHEENKATHU KURACHIL HOUSE, PANCHAYATHUPADI, TEEKOY, TEEKOY VILLAGE, KOTTAYAM. BY ADV. SRI.BIMAL K.NATH RESPONDENT: --------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.M. KAMMAPPU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA , J. ~~~~~~~~~~~~~~~~~~~ B.A. No. 251 OF 2009 ~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of January, 2009 ORDER This petition is for bail. 2. The alleged offence is under Section 376 of IPC. According to prosecution, on 25.11.2008 at about 7. P.M. petitioner committed rape on the de facto complainant aged 36 years. 3. Petitioner was arrested on 04.12.2008. Learned Public Prosecutor submitted that he has no objection in granting bail to the accused, but stringent conditions may be imposed. Learned Public Prosecutor further submitted that even though the address of the accused is shown to be as Kottayam, he belongs to Tamil Nadu and hence he is likely to abscond. 4. On hearing both sides, I am satisfied that bail can be granted to the petitioner on following conditions: Hence bail is granted on the following terms and conditions: i. Petitioner shall execute bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each (sureties shall be local sureties) for the like sum to the satisfaction of the Magistrate Court concerned. In addition to those sureties, a B.A. No. 251 of 2009 : 2 : close relative of petitioner shall execute a bond of the same amount. ii. Petitioner shall report before the Investigating Officer on every alternate days between 10 a.m. and 1. p.m until further orders. iii. Petitioner shall not enter the limits of the police station within which crime is registered except for the compliance of the direction in clause No. ii iv. Petitioner shall not influence or intimidate any witnesses or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. (K. HEMA, JUDGE) KMD B.A. No. 251 of 2009 : 3 :