IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 Bail Appl..No. 5888 of 2009 CRIME NO.742 OF 2009 OF KUNDARA POLICE STATION PETITIONER: ACCUSED: ------------------------------ SUBHASH,S/O.SOMARAJAN, RESIDING AT PUNNAPPURAM PUTHEN VEEDU, WEST OF AMBEDKHAR COLONY,CHERUMOODU CHERRY, PERINADU VILLAGE,KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT: --------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, THROUGH THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5888 OF 2009 ------------------------------------------------------ Dated this the 9th day of October, 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.742 of 2009 of Kundara Police Station. 2. The offences alleged against the petitioner is under Sections 376 and 366 of the Indian Penal Code. 3. At the time when the offence was allegedly committed, the victim girl was a minor. It is submitted by the learned counsel for the petitioner that on attaining of her majority, she was married by the petitioner with the consent of her parents and in accordance with the religious rites and ceremonies. A photograph is also produced to show that the marriage between the girl and the petitioner was solemnized. The petitioner was arrested on 24.9.2009, after the marriage, and he was remanded to judicial custody. B.A. NO. 5888 OF 2009 :: 2 :: 4. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class – I, Kollam, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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/