IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Bail Appl..No. 9505 of 2011 CRIME NO.1194 OF 2011 OF VATAKARA POLICE STATION, KOZHIKODE. PETITIONER: ACCUSED --------------------------- ABDUL RAFEEQUE, S/O. MAMMOOTTY AGED 31 YEARS, OTHAYOTH HOUSE, KELLUR.P.O, WYNAD. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT: COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, VATAKARA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9505 OF 2011 ------------------------------------------------------ Dated this the 12th 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.1194 of 2011 of Vatakara Police Station, Kozhikode District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is the following: The accused, a student of MBA, met the victim girl aged 17 years at Kozhikode railway station. He acquainted himself with the girl and took her to a lodge at Mavoor Road, Calicut and he had sexual intercourse with the victim on two occasions. Later, the girl was sent back in a bus. The petitioner was arrested on 27.10.2011 and he was remanded to judicial custody. BAIL APPL. NO.9505 OF 2011 :: 2 :: 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 5. 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 22.12.2011. 6. The petitioner shall be released on bail only on 22.12.2011 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, 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 Sundays, 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; BAIL APPL. NO.9505 OF 2011 :: 3 :: 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 ahz/