IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 6297 of 2011() ----------------------------- CMP.3257/2011 of J.M.F.C., HARIPAD CRIME NO.391/2011 OF KAREELAKULANGARA POLICE STATION .................... PETITIONER/ACCUSED NO.1 -------------------------- RAJENEESH, AGED 28 YEARS, S/O.RAMACHANDRAN PILLAI, PUTHEN VEETTIL, VELIYAKUZHI MURI, CHEPPAD VILLAGE. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6297 of 2011 ---------------------------------------------- Dated this the 16th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.391 of 2011 of Kareelakulangara Police Station. 2. The offence alleged against the petitioner is under Section 511 of 376 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following: The de facto complainant was returning from temple. At that time, the Maruti Omni Van driven by the first accused came by her side and the first accused tried to pull her into the van. It is alleged that the first accused stated in obscene words his desire to have sex with the de facto complainant. Two persons were sitting in the rear seat. The de facto complainant made a hue and cry. People came to the scene of occurrence. At that time, the Maruti van was driven away by the accused persons. 4. The petitioner was arrested on 11/07/2011. He is in judicial custody since then. Bail Appln.No.6297/2011 : 2 : 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 `25,000/- (Rupees Twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Haripad, subject to the following conditions: A) The petitioner shall not enter into the limits of Kareelakulangara Police Station for a period of two months except for complying with conditions 'B' and 'C'. B) 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; C) The petitioner shall appear before the investigating officer for interrogation as and when required; Bail Appln.No.6297/2011 : 3 : 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