IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Bail Appl..No. 3460 of 2010() ----------------------------- CMP.3999/2010 of J.M.F.C., KAYAMKULAM .................... (CRIME NO.600/2010 OF KAYAMKULAM POLICE STATION) PETITIONER/ACCUSED: --------------------------------------- GOPAKUMAR, AGED 45 YEARS, S/O.RAGHAVAN UNNITHAN, ARAMANA VEEDU, THAZHAVA PANCHAYAT, THAZHAVA VILLAGE. BY ADV. SRI.B.RENJITHKUMAR RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3460 OF 2010 -------------------------------- Dated this the 11th day of June 2010 ORDER This petition is for bail. 2. The alleged offence is under Section 377 of IPC. According to prosecution, petitioner subjected a boy aged 17 years to unnatural sexual act on 27/05/2010 at about 4 P.M. 3. Petitioner was arrested on the very next day on 28/05/2010. Petitioner was in custody for the past 15 days. 4. On hearing both sides and going through allegations in the FIS and also Section 377 IPC, I find that petitioner has a strong and arguable case regarding the involvement of alleged offence, I find that, petitioner can be granted bail. Hence the following order is passed: Petitioner shall be released on bail on executing bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions: (i) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 A.M and 1 P.M. B.A No.3460 OF 2010 2 (ii) Petitioner shall not influence or intimidate any witness or tamper with any evidence. (iii) Petitioner shall not enter the limits of the police station, within which the crime is registered, except for compliance of condition No.(i). (iv) In case the petitioner is involved in any similar case, his bail is liable to be cancelled. Petition is allowed. K.HEMA JUDGE vdv