IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Bail Appl..No. 6758 of 2011() ----------------------------- CRIME NO. 1196/2011OF KALAMASSERY POLICE STATION PETITIONER/ACCUSED: ---------------------- BINOY, AGED 35 YEARS, S/O.UTHUP, KADAVAPUTHUPARAMBIL HOUSE, EDAYARUMULA P.O., THIRUTHIMALA, PATHANAMTHITTA. BY ADV. SRI.JOSHY THOMAS SMT.K.A.MINA RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REP.BY S.I.OF POLICE, KALAMASSERY POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6758 of 2011 ---------------------------------------------- Dated this the 31st day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1196 of 2011 of Kalamassery Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that the accused misrepresented that he was a doctor working in Amrutha Hospital and that his wife was also working there as doctor, contacted an agency who supplies home nurses and requested to send a home nurse to attend to the mother of the petitioner. On 13/06/2011, the home nurse was sent. The allegation is that the petitioner took the home nurse to a lodge near the hospital and committed rape. The application for bail submitted by the petitioner was dismissed by the learned Sessions Judge by the order dated 08/07/2011. After completing the investigation, charge sheet was filed on 02/08/2011. Bail Appln.No.6758/2011 : 2 : 4. The learned Public Prosecutor submitted that the petitioner does not have a permanent address. 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 that the charge was laid, 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 `50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Aluva (or if committal is over, before the Sessions Court concerned), subject to the following conditions: A) The petitioner shall appear before the Police Officer who laid the charge between 9 A.M. And 11 A.M. on every Monday until the trial of the case is over. B) The petitioner shall surrender his Passport before the Court. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the Court. Bail Appln.No.6758/2011 : 3 : C) The petitioner shall not leave India until the trial of the case is over. 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 skj