IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 Bail Appl..No. 5191 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4667/2011 Dated 20/06/2011 CMP.1266/2011 of J.M.F.C.,VADAKKANCHERRY CRIME NO.187 of 2011 OF THE CHERUTHURUTHY OF POLICE STATION .................... APPLICANT/ACCUSED ----------------------- SANTHOSH, AGED 25 YEARS, S/O.PANJU, KULAMBIL HOUSE, AATTOOR P.O., PARAPPURAM DESOM, THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, CHERUTHURUTHY POLICE STATION, THRISSUR DISTRICT. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------------- Bail Appln.No.5191 of 2011 ----------------------------------------------------- Dated this the 04th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.187 of 2011 of the Cheruthuruthy Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that on 18/05/2011, the de facto complainant was induced by the petitioner to go to Shornur Railway Station and from there the petitioner took her to an unoccupied house and committed the offence of rape on her. 4. The petitioner was arrested on 20/05/2011 and he was remanded to judicial custody. The learned Public Prosecutor submitted that after completing the investigation charge sheet was laid. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner and that the charge was laid, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his Bail Appln.No.5191/2011 : 2 : 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, Wadakkanchery, subject to the following conditions: A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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