IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Bail Appl..No. 1816 of 2010() ----------------------------- CRIME NO.265/2010 OF PERUMBAVOOR POLICE STATION. PETITIONER/ ACCUSED: -------------------------------------- MAHIN, S/O.ABDUL RAHMAN, AGED 25 YEARS, AMBADAN VEEDU, MULLANKUNNU BHAGAM, EZHIPRAM KARA, VAZHAKKULAM VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.ELDHO PAUL RESPONDENTS/ COMPLAINANTS: ------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION, ERNAKULAM DISTRICT. SRI.TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.1816 of 2010 ------------------------------------ Dated this the 5th day of April, 2010 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 Cr. No.265/2010 of Perumbavoor Police Station. 2. The offences alleged against the petitioner are under Sections 450, 376 and 506(i) of the Indian Penal Code. 3. The prosecution case is that on 8/3/2010 at 11 P.M., the accused trespassed into PWD Quarters and raped the victim aged 21 years. The petitioner was arrested on 10/3/2010. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the Case Diary. The investigation has progressed much. 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 on stringent conditions. 6. The petitioner shall be released on bail on his executing B.A. No.1816/2010 2 bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Perumbavoor 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 appear before the Investigating Officer for interrogation as and when required. 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 scm