IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Bail Appl..No. 6781 of 2011() ----------------------------- CRIME NO.674/2011 OF VADANAPPILLY POLICE STATION THRISSUR DISTRICT PETITIONER : ACCUSED : ---------------------- BINESH @ BINU, S/O.UNNIKRISHNAN, THAIVALAPPIL HOUSE, THAMBAN KADAVU, THALIKULAM VILLAGE, CHAVAKKAD. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT: --------------- STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, VADANAPPILLY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6781 of 2011 ---------------------------------------------- Dated this the 31st day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.674 of 2011 of Vadanapilly Police Station, Thrissur District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is the following:- On 27/07/2011, the petitioner took the victim in a car driven by accused No.2. At a lonely place, the petitioner sexually abused the victim. Later, the petitioner got down from the car and he directed accused No.2 to take the victim near her house. Accused No.2 telephoned and got his friend, accused No.3. Accused No.3 got into the car and drove the car. While so, accused No.2 also sexually abused the victim inside the car. 4. The petitioner was arrested on 29/07/2011 and he was remanded to judicial custody. Bail Appln.No.6781/2011 : 2 : 5. The learned Public Prosecutor submitted that the investigation is in progress. It was also submitted that accused No.1 deliberately facilitated accused No.2 to sexually abuse the victim. 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 06/09/2011. 7. The petitioner shall be released on bail with effect from 06/09/2011 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, Chavakkad, 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 and Thursdays for a period of two months and thereafter on all Mondays or until further orders; B) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of Bail Appln.No.6781/2011 : 3 : the First Class, Chavakkad. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate. C) The petitioner shall appear before the investigating officer for interrogation as and when required; 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 skj