IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 Bail Appl..No. 5165 of 2009() ----------------------------- CRIME NO.214/09 OF PANGODE POLICE STATION, THIRUVANANTHAPURAM .................... PETITIONER/ACCUSED -------------------------------------- ABDUL KALAM, S/O. ABDUL MAJEED, P.M.HOUSE, PULLPARA, ANAKUDY MURI, PANGODE VILLAGE BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. S.I. OF POLICE, PANGODE POLICE STATION PANGODE. 2. C.I. OF POLICE, VENJARAMOOD, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5165 OF 2009 ------------------------------------------------------ Dated this the 14th day of September, 2009 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.214 of 2009 of Pangode Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that on 16.6.2009, the petitioner committed rape on his own daughter, aged 11 ½ years, at his residence. When the mother resisted, she was locked in a room and the offence was committed, according to the prosecution. The First Information Statement was given by the victim. She was studying in Bana-ath, Vellanchira, attached to the Arabic College. The specific case of the mother, daughter, the other inmates of the house and the relatives is that the two daughters of the petitioner are staying and studying in the Bana-ath only because of the bad conduct of the petitioner towards his daughters. The incident was on 16.6.2009. B.A. NO.5165 OF 2009 :: 2 :: The petitioner was arrested on 17.6.2009 and he was produced before Court on 18.6.2009. The petitioner is in judicial custody since 18.6.2009. 4. The petitioner moved B.A.No.4017 of 2009 under Section 439 of the Code of Criminal Procedure. That application was dismissed by the order dated 10.8.2009. 5. It is submitted by the learned counsel for the petitioner that though the petitioner was arrested on 17.6.2009, investigation is not completed and the charge is not laid so far. 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. 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class- II, Nedumangad, subject to the following conditions: B.A. NO.5165 OF 2009 :: 3 :: a) The petitioner shall report before the Circle Inspector of Police, Kilimanoor between 9 A.M. and 11 A.M. on all Mondays and Thursdays, 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 enter the limits of Pangode Police Station, within the jurisdiction of which the petitioner's wife and children are residing, until further orders. It is made clear that the petitioner will not be entitled to apply for relaxation of this condition before the expiry of three months; 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 ahz/