IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 1758 of 2010() --------------------------------- CMP.1417/2010 of J.M.F.C.-I,HOSDRUG CRIME NO. 84/2010 OF RAJAPURAM POLICE STATION .................... PETITIONER/ACCUSED : --------------------------- A.ASHRAF, AGED 22 YEARS, S/O.MUHAMMED P.K., KUNDUPALLY, PANATHADY VILLAGE, HOSDURG TALUK. BY ADV. SRI.MURUGAN P.V. RESPONDENTS/COMPLAINANTS -------------------------------------- 1. THE STATION HOUSE OFFICER, RAJAPURAM, THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1758 of 2010 ------------------------------------ Dated this the 8th day of April, 2010 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. 84/2010 of Rajapuram Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that on 04.01.2010, the petitioner committed rape on a girl aged 15 years in an arecanut garden. The girl was his neighbour. The petitioner promised to marry her. But he did not fulfill that promise. 4. The petitioner was arrested on 09.03.2010. The application for bail filed by the petitioner was dismissed by the Court of the Judicial Magistrate of the First Class-I, Hosdurg, as per the order dated 10.03.2010. The investigation has progressed thereafter. 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 B.A. No. 1758 of 2010 2 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg 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 two months and thereafter on Mondays, 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 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) 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 ln