IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 Bail Appl..No. 7242 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.6531/2011 Dated 17/08/2011 CRIME NO.756/2011 OF KOTHAMANGALAM POLICE STATION .................... PETITIONER:ACCUSED : ---------------------- RASHEED T.M., S/O.MUHAMMED, AGED 22 YEARS, THEKKEKARA (H), PERUMBILLICHIRA P.O. KUMARAMANGALAM, THODUPUZHA. BY ADV. SRI.BIBIN KUMAR RESPONDENT: --------------- STATE OF KERALA, SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7242 of 2011 ---------------------------------------------- Dated this the 06th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.17 in Crime No.756 of 2011 of Kothamangalam Police Station. 2. The offences alleged against the petitioner are under Sections 366-A, 372, 373, 376, 376(2)(g), 511 of Section 376 and 354 read with 34 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000. 3. The prosecution case is that the victim aged below 16 years was raped by the petitioner. In August, 2009, accused Nos.15, 16 and 17 took the victim in an Indica car. They parked the car at a lonely place near a quarry. The allegation is that accused Nos.15 and 16 committed rape on the girl inside the car. Thereafter, accused No.17 also committed the offence. However, since the girl objected, the petitioner could not complete the sexual atrocity to its finality. 4. The petitioner was arrested on 9.7.2011 and he was remanded to judicial custody. Bail Appln.No.7242/2011 : 2 : 5. The petitioner filed Bail Application No.6531 of 2011 which was dismissed by the order dated 17th August, 2011. Investigation has progressed thereafter. 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 offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 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, Kothamangalam, subject to the following conditions: a) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class, Kothamangalam. If the Passport was seized by the police or if the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate; b) The petitioner shall not either directly or indirectly contact the victim, in any manner whatsoever, till the trial of the case is over; Bail Appln.No.7242/2011 : 3 : c) The petitioner shall not enter into the limits of Kothamangalam Police Station for a period of two months. d) 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 all Mondays till the final report is filed or until further orders; e) The petitioner shall appear before the investigating officer for interrogation as and when required; f) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. g) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. h) 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