IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 Bail Appl..No. 1079 of 2010() -------------------------------------- CRIME NO.170/2005 OF KANJAR POLICE STATION, IDUKKI. PETITIONER/ACCUSED NO.1: -------------------------------------------- JAISON, S/O.KURIAKOSE, KANIYAMPADICKAL HOUSE, ADOORMALA KARA, KUDAYATHOOR VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.S.ANANTHAKRISHNAN RESPONDENT/ COMPLAINANT: ------------------------------------------------------ STATE OF KERALA, REP.BY ITS CIRCLE INSPECTOR OF POLICE, KANJAR POLICE STATION, KANJAR, IDUKKI. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1079 of 2010 ------------------------------ Dated this the 23rd day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.170 of 2005 of Kanjar Police Station, Idukki. 2. The offences alleged against the petitioner are under Sections 363, 366, 376 and 506 read with Section 34 of the Indian Penal Code. 3. The de facto complainant filed a complaint before the court of the Chief Judicial Magistrate, Thodupuzha, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. The petitioner was arrested on 14/1/2010 and he was remanded to judicial custody. 4. The gist of the prosecution case is the following: In 2001, while the de facto complainant was aged only 16 years, the petitioner fell in love with her. She was studying in the 10th standard. The petitioner was her neighbour. On 1/8/2001, the petitioner and the de facto complainant eloped. B.A. No. 1079/2010 2 They stayed in a rented house for five months at a place called Pathalam. Later, they shifted to Thodupuzha and stayed there in a rented house for two years. In June 2005, the girl was taken to her house. After one week, she went to the house of the petitioner. At that time, his sister, who is accused No.2, refused to take her. It is also alleged that accused No.3, the father of the petitioner, went to the house of the de facto complainant and threatened her with dire consequences, if she continued the relationship with the petitioner. It is alleged that during the period from 2001 to 2005, the girl was subjected to continuous sexual harassment by the petitioner. 5. It is submitted by the learned counsel for the petitioner that the wedding of the victim had taken place and that she has two children in that wedlock. The learned Public Prosecutor submitted that the petitioner has also contracted a marriage and that he is conducting hotel business at Mannarkkad, Palakkad. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the B.A. No. 1079/2010 3 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 on stringent conditions. 7. 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 Magistrate having jurisdiction, 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 for a period of two months and thereafter on alternate 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 surrender his passport, if any, before the Magistrate having jurisdiction within one week from today. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him shall be filed before the learned Magistrate within one week; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; B.A. No. 1079/2010 4 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 scm