IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 Bail Appl..No. 3515 of 2010() ----------------------------- CRMP.1072/2010 of D.C. & SESSIONS COURT,KOLLAM .................... (CRIME NO.235/2010 OF KULATHUPUZHA POLICE STATION) PETITIONER/2ND ACCUSED ------------------------------------------ GEORGE @ BAIJU, S/O. YOVEL, CHINCHU BHAVAN, BLOCK NO.41, ESM COLONY, KULATHUPUZHA MURI, KULATHUPUZHA VILLAGE - A2. BY ADV. SRI.P.K.VARGHESE RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, KULATHUPUZHA. PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3515 OF 2010 -------------------------------- Dated this the 14th day of June 2010 ORDER This petition is for bail. 2. The alleged offences are under Sections 302, 109 r/w Section 34 of IPC. Petitioner is the second accused in the crime. According to prosecution, petitioner was in love with first accused. On promise to marry her, he had committed rape on her from 05/07/2009 onwards. She became pregnant and a child was born. After the birth of the child, on the very next day, as abetted by the petitioner, child was killed by the first accused. The dead body was seen abandoned in a canal on 17/03/2010 and on investigation, commission of offence was revealed. 3. Learned counsel for petitioner submitted that petitioner is in custody for the past 71 days. Petitioner is absolutely innocent of the allegations made. 4. Learned Public Prosecutor submitted that considering the stage of investigation, he has no objection in granting bail to the petitioner, but stringent conditions may be imposed. 5. On hearing both sides, I am satisfied that bail can be granted to the petitioner. Hence the following order is passed: B.A No.3515 OF 2010 2 Petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions: (i) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 A.M and 1 P.M. (ii) Petitioner shall not influence or intimidate any witness or tamper with any evidence. (iii) Petitioner shall not enter the limits of the police station, within which the crime is registered, except for compliance of condition No.(i). Petition is allowed. K.HEMA JUDGE vdv