IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 Bail Appl..No. 8619 of 2011() ----------------------------- CMP.2428/2011 of J.M.F.C.-II,TRIVANDRUM CRIME NO.739 OF 2011 OF POONTHURA POLICE STATION, THIRUVANANTHAPURAM DT. .................... PETITIONER/ACCUSED -------------------------------------- NAZAR @ NAZARUDEEN, AGED 30, S/O.ABDUL VAHAB, ANRA 19(A), AZAD NAGAR, MANIKAVILAKOM, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, POONTHURA POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.8619 of 2011 ------------------------------- Dated this the 25th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.739 of 2011 of Poonthura Police Station, Thiruvananthapuram District. 2.The offences alleged against the petitioner are under Sections 366-A and 376 of the Indian Penal Code. 3. The victim is a girl aged 16 years. She was studying in the school. The accused is running a fancy store. He made false promises to the victim girl and took her to Kanyakumari and sexually abused her in a lodge. 4. The petitioner was arrested on 25.9.2011 and he was remanded to judicial custody. B.A.No.8619 OF 2011 2 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. The learned Public Prosecutor submitted that the investigation is not over. 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 with effect from 5.11.2011. 7.The petitioner shall be released on bail on 5.11.2011 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-II, Thiruvananthapuram, 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 Mondays, till the final report is filed or until further orders. B) The petitioner shall appear before the B.A.No.8619 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