IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Bail Appl..No. 4476 of 2009() ----------------------------- CRIME NO.589 OF 2009 OF THIRUVALLA POLICE STATION .................... PETITIONER/ACCUSED : ---------------------------------- DR.JOHNSON V. IDUKULA @ BIJU, AGED 38 YEARS, VALAYIL VEEDU, ANAPARAMBIL THEKKU MURI, THALAVADI VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.K.C.PETER SRI.PREMCHAND R.NAIR SRI.TOJAN J. VATHIKULAM SRIBEPIN PAUL RESPONDENT(S): RESPONDENT ------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4476 of 2009 --------------------------------------------- Dated this the 12th 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.589 of 2009 of Thiruvalla Police Station. 2. The offences alleged against the petitioner are under Sections 376 of the Indian Penal Code and Section 3(1)(xii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. I have gone through the case diary. 4. The allegation is that from the first week of April 2009 to 17.6.2009, the victim was raped by the petitioner on about seventeen occasions. The victim was working as a maid servant in “Berachah Balabhavan” run by the accused. 5. It is submitted by the learned Public Prosecutor that Crime No.701 of 2009 of Thiruvalla Police Station was registered against the petitioner under Section 376 of the Indian Penal Code on a statement recorded from one Valsamma John, who BA No. 4476/2009 2 was working as housemaid in “Berachah Balabhavan”, of which the petitioner is the Managing Director, alleging that the petitioner committed rape on her. The present case, namely, Crime No.589 of 2009 is also under Section 376 of the Indian Penal Code. Learned Public Prosecutor also submitted that an application was made before the Judicial Magistrate of the First class, Thiruvalla for issuing a production warrant to record formal arrest of the petitioner in Crime No.701 of 2009. Learned Magistrate has passed an order as requested for and formal arrest of the petitioner was recorded on 28.7.2009. In the present case, the petitioner is in judicial custody since 19.6.2009. The investigation of the case is almost over. 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 offence and the present stage of investigation, 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.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First BA No. 4476/2009 3 Class, Thiruvalla, 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 petitioner shall be released from custody only if his detention is not required in connection with any other case. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl