IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 8298 of 2011() ----------------------------- CMP.7287/2011 of J.M.F.C.-I,NEYYATINKARA CRIME NO.592 OF 2011 OF ARYANCODE POLICE STATION, THIRUVANANTHAPURAM DT. .................... PETITIONER/ACCUSED --------------------------- PRADEEP, S/O. SASI, PRASANTH BHAVAN, THADATHJARIKATH, NEDUMPULLY, VAZHICHAL VILLAGE. BY ADV. SRI.R.V.SREEJITH RESPONDENT(S): COUNTER PETITIONER --------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 8298 OF 2011 --------------------------------- Dated this the 13th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.592 of 2011 of Aryancode Police Station, Thiruvananthapuram District. 2.The offences alleged against the petitioner are under Sections 363 and 376 of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 4. The learned counsel for the petitioner submitted that no incident as alleged had happened and the petitioner had no sexual intercourse with the victim girl on the alleged dates of incident. The learned counsel relied on Annexure-I affidavit B.A.No. 8298 OF 2011 2 allegedly sworn to by the victim wherein according to the petitioner, she has stated all the true facts. In Annexure-I, the victim girl stated that there was no sexual intercourse between her and the petitioner on the alleged dates of incident. The affidavit also indicates the circumstances in which she is living. 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. 6.The petitioner shall be released on bail 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-I, Neyyattinkara, 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, till the final report is filed or until further orders. B) The petitioner shall appear before the B.A.No. 8298 OF 2011 3 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. 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. cms