IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 Bail Appl..No. 4881 of 2009() ----------------------------- CRIME NO.510/2009 OF GURUVAYUR POLICE STATION APPLICANT/ACCUSED: -------------------------------------- SREEDHARAN, AGED 49 YEARS, S/O.THOMATT KUTTAN, NEAR PERKAM SIVA TEMPLE, POOKKODE VILLAGE, GURUVAYUR. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING S.I.OF POLICE, GURUVAYUR POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4881 of 2009 --------------------------------------------- Dated this the 28th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.510 of 2009 of Guruvayur Police Station. 2. Originally, the offences alleged against the petitioner were under Sections 376 and 450 of the Indian Penal Code. 3. The allegation was that on 29.7.2009, the accused committed rape on the victim, who is a mentally retarded woman. The petitioner moved a Bail Application No.4549 of 2009 for bail which was dismissed by me by the order dated 14th August 2009. 4. The learned public prosecutor submitted that subsequently, the investigation revealed that there was only an attempt to commit rape and the offence was altered to Section 511 of 376 IPC. The petitioner was arrested on 30.7.2009 and he is in judicial custody since then. 5. Taking into account the facts and circumstances of the BA No.4881/2009 2 case and also the subsequent developments, I am of the view that bail can be granted to the petitioner. 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, Chavakkad, 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 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 csl