IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6961 of 2011() ----------------------------- CRIME NO.1004/11 OF OACHIRA POLICE STATION, KOLLAM .................... PETITONER/ACCUSED NO.1(ACCUSED UNDER CUSTODY) ----------------------------------------------------------------- SAJEER,S/O.ISMAIL KUNNU, KALEEKKALMEKKALTHIL VEEDU,PUNNAKKULAM MURI, ADINADU VILLAGE. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE,OACHIRA POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6961 of 2011 --------------------------- Dated this the 26th day of August, 2011 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.1004 of 2011 of Oachira Police Station. 2. The offences alleged against the petitioner are under Sections 366A and 376 of the Indian Penal Code. 3. The prosecution case is that the accused procured a girl, aged below 16 years, under the pretext of love and he sexually abused the girl on more than one occasion. Accused No.2 is the driver of a car in which the offence was once committed. 4. Learned counsel for the petitioner submitted that the petitioner and the girl were in love with each other. Both the families decided to conduct the marriage of the petitioner BA 6961/2011 2 with the victim. Annexure B affidavit sworn to by the parents of the victim is relied on in support of that contention. The parents of the victim stated that the petition was filed before the police anticipating elopement of the petitioner with the girl. The affidavit also discloses that the deponents have decided to give in marriage the girl to the petitioner. 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 investigation, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Karunagappally, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays for a period of two months ; BA 6961/2011 3 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 csl BA 6961/2011 4