IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Bail Appl..No. 10408 of 2011 CRIME NO.1250 OF 2011 OF KAYAMKULAM POLICE STATION, ALAPPUZHA. PETITIONER: ACCUSED: -------------------- ARUN KUMAR , S/O.KESAVAN NAIR KOLUSSERIL VEEDU, WEST SIDE OF CHERAVALLI TEMPLE CHERAVALLI MURI, KAYAMKULAM VILLAGE. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT: STATE: --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION THROUGH PUBIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 10408 OF 2011 ------------------------------------------------------ Dated this the 23rd 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 the accused in Crime No.1250 of 2011 of Kayamkulam Police Station, Alappuzha District. 2. The offences alleged against the petitioner are under Section 511 of 376 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000. 3. The petitioner is the owner-cum-driver of a Maruthi Omni van. He used to take school children in the van. The allegation is that from June, 2011 onwards, he sexually abused the victim girl, aged 5 years, studying in the UKG Class. The victim girl used to go to school in the van belonging to the petitioner. The teacher of the victim had some doubt about the criminal activities of the accused. The teacher reported the matter to the mother of the victim. Thus the incidents were revealed. BAIL APPL. NO.10408 OF 2011 :: 2 :: 4. The petitioner was arrested on 28.10.2011 and he was remanded to judicial custody. 5. B.A.No.9305 of 2011 filed by the petitioner was dismissed by the order dated 23.11.2011. Investigation has progressed much thereafter. 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, however, only with effect from 31.12.2011. 7. The petitioner shall be released on bail only on 31.12.2011 on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kayamkulam, subject to the following conditions: BAIL APPL. NO.10408 OF 2011 :: 3 :: 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 one month 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 enter into the limits of Kayamkulam Police Station for a period of two months except for complying with conditions (a) and (b); d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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 ahz/