IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 9416 of 2011 CRIME NO.1190 OF 2011 OF SASTHAMCOTTA POLICE STATION, KOLLAM. PETITIONER/ACCUSED -------------------------------------- THANKACHAN, AGED 40 YEARS, S/O.JOSEPH, MUKALUVILA VEEDU, PALLISSERICKAL MURI, SASTHAMCOTTA VILLAGE, KUNNATHUR TALUK, KOLLAM. BY ADV. SRI.P.V.DILEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9416 OF 2011 ------------------------------------------------------ Dated this the 24th day of November, 2011 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.1190 of 2011 of Sasthamcotta Police Station, Kollam District. 2. The offences alleged against the accused are under Sections 323, 506(i), 511 of 376 of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. 3. The prosecution case is that in February 2011, the victim aged 17 years was attempted to be sexually abused by none other than her father. The petitioner was arrested on 1.10.2011 and he was remanded to judicial custody. 4. B.A.No.8632 of 2011 filed by the petitioner was dismissed BAIL APPL. NO.9416 OF 2011 :: 2 :: by the order dated 25th October, 2011. Investigation has progressed much thereafter. 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. 6. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Sasthamcotta, 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, 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 not enter into the police station limits of Sasthamcotta Police Station, for a period of two months,except for complying with conditions (a) and (b); d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; BAIL APPL. NO.9416 OF 2011 :: 3 :: 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 ahz/