IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 Bail Appl..No. 6656 of 2009() ----------------------------- -------------------------------------- CRIME NO.870/2009 OF CHERANELLUR POLICE STATION, ERNAKULAM. PETITIONER/ACCUSED NO.20: -------------------------------------------- T.B.ABDU RAHIMAN, S/O.BAVAKUNHU, THANDARAPARAMBIL HOUSE, ELUKKARA, MUPPATHADAM, KADUNGALLUR, ERNAKULAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT/ SATE: -------------------------------- THE STATE OF KERALA , REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHERANELLUR POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. SRI. AMJAD ALI, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6656 of 2009 ------------------------------------ Dated this the 11th day of December, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.20 in Crime No.870/2009 of Cheranellur Police Station, Ernakulam. 2. The offences alleged against the petitioner are under Sections 120 (B),212, 342, 366 A, 372, 373 and 376 of the Indian Penal Code. 3. The prosecution case is that a minor girl was procured by accused Nos. 1 to 3 and she was taken to various places and she was subjected to rape by several other persons. The allegation against the petitioner is that he had taken the victim to a house at Cherthala and he had sexual intercourse with her on three occasions. The age of the victim as revealed from the certificate issued by the Registrar of Births and Deaths is 24/8/1993. The school records show that she was born on 24/05/1993. The allegation is that the petitioner committed the offence on 21/9/2009. It is submitted that the girl was aged B.A. No. 6656/2009 2 more than 16 years at that time. 4. The petitioner states that he has to conduct the wedding of his daughter on 3/01/2010. The petitioner is also prepared to comply with any condition that may be imposed by the court. It is stated that the investigation agency has got all the relevant details in respect of the case. 5. When the Bail Application came up for hearing on 30/11/2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 5th and 6th December, 2009. Post on 10/12/2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further B.A. No. 6656/2009 3 orders in connection with Crime No.870 of 2009 of Cheranellur Police Station, Ernakulam. The petitioner shall produce copy of this order before the investigating officer.” 6. It is submitted by the learned counsel for the petitioner and the learned Public Prosecutor that the petitioner has complied with the directions contained in the order dated 30/11/2009. 7. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail for on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on every Monday, till the final report is filed or until further orders; B.A. No. 6656/2009 4 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 to the extent indicated above. K.T. SANKARAN, JUDGE scm