IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Bail Appl..No. 7432 of 2008() ----------------------------- CMP.5779/2008 of J.M.F.C., KAYAMKULAM CRIME NO.303/08 OF VALLIKUNNAM POLIC STATION PETITIONER: -------------------- SHIHABUDEEN 22 YEARS, PANACHIVILAYIL HOUSE, VALLIKUNNAM VILLAGE ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7432 of 2008 ----------------------------------------- Dated this the 19th December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 377 of the Indian Penal Code. According to prosecution, petitioner subjected the daughter of de facto complainant, aged 10 years, to sexual assault on 6.10.2008. 3. Petitioner surrendered before the court below on 14.11.2008. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioner, but stringent condition may be imposed. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner. Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. BA.7432/08 2 ii) Petitioner shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii). Petitioner shall not enter the limits of the police station within which the crime is registered, except for compliance of the condition in clause (ii) above. iv) Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.