IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Bail Appl..No. 471 of 2009() ---------------------------- CMP.300/2009 of J.M.F.C.-III,NEYYATTINKARA .................... (CRIME NO.268/2002 OF KANJIRAMKULAM POLICE STATION) APPLICANT/SECOND ACCUSED: ----------------------------------------------- KALESH, S/O KUTTAPPAN, THANPONNANKALA PUTHENVEEDU, CHEENIVILA KANJIRAMKULAM DESOM, KANJIRAMKULAM VILLAGE. BY ADV. SMT.SANGEETHA LAKSHMANA RESPONDENT(S): COMPLAINANT: ----------------------------------------------------- STATE OF KERALA-REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM (CRIME NO.241 OF 2008 OF KANJIRAMKULAM POLICE STATION). BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 471 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 20th day of February, 2009 O R D E R Petition for bail. 2. The alleged offences are under sections 366, 376 and 34 IPC. According to prosecution, the victim in this crime is aged 13 years now. At the age of 11 years, she went to the 1st accused and she stayed with him for 2 ½ months, as sent by her parents. The girl became pregnant and she got aborted. Later she fell in love with petitioner. A complaint was given by her mother stating that she was missing and a crime was registered under the caption “woman missing”. Later, they came back and lived with the mother for some time. Again she left with the 2nd accused and in the meantime, she was raped by both the accused. 3. Petitioner was arrested on 10-1-2009. Learned counsel for petitioner submitted that even according to victim, she is aged 18 years, as revealed from the statement given to the police, which is produced as Annexure-II. Learned counsel for BA 471/2009 -2- petitioner also submitted that the girl is now with another person. 4. Learned Public Prosecutor submitted that he has no objection in granting bail but stringent conditions may be imposed. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. 6. Hence, petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not enter the limits of the police station within which the crime is registered except for compliance of direction in condition (1) 3) Petitioner shall not intimidate or influence any witness or commit any offence while BA 471/2009 -3- on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.