IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 9722 of 2011() ----------------------------- CRIME NO.1227/2011 OF VATAKARA POLICE STATION, KOZHIKODE PETITIONER/ACCUSED NO.1 : --------------------------------- ABDURAHIMAN, S/O.SULAIMAN, AGED 48 YEARS, KADAVATH PURAYIL HOUSE, PAYYANNUR P.O., NOW RESIDING AT KUNTHAPURATH HOUSE, VELUTHAMALA, PUTHUPPANAM P.O. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, VATAKARA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9722 of 2011 --------------------------- Dated this the 7th day of December, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.1227 of 2011 of Vatakara Police Station, Kozhikode District. 2. The offence alleged against the petitioner is under Section 377 of the Indian Penal Code. 3. The second accused is the wife of the petitioner. The prosecution case is that on 24.10.2011 and on various occasions prior to that date, the petitioner and his wife satisfied their lust by using the victim, the son of the de facto complainant, for unnatural sex. The victim is aged 3 years. The de facto complainant and the accused are residing in the neighbouring houses. 4. The petitioner was arrested on 5.11.2011 and he BA 9722/11 2 was remanded to judicial custody. 5. The learned counsel for the petitioner submitted that the petitioner was brutally attacked by the relatives of the de facto complainant on account of a dispute regarding pathway. The petitioner was hospitalised since he sustained injuries. It is also submitted by the learned counsel for the petitioner that the present case was foisted against him. 6. The learned Public Prosecutor submitted that the investigation revealed that the petitioner was manhandled by the relatives of the de facto complainant not for the reason alleged by the petitioner, but on account of the heinous crime in which the petitioner indulged. 7. 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 with effect from 26.12.2011. BA 9722/11 3 The petitioner shall be released on bail only on 26.12.2011 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, Vatakara, 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 and Thursdays for a period of two months and thereafter 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