IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 Bail Appl..No. 2481 of 2010() ----------------------------- (CRIME NO.214/2010 OF BALUSSERY POLICE STATION, KOZHIKODE) PETITIONER/ACCUSED -------------------------------------- FAISAL.S., AGED 22 YEARS, SON OF MUHAMMED HAJI, SRAMBIKKAL HOUSE, THEKKINTHOTTAM, KEDAVOOR AMSOM, KOZHIKODE DIST. BY ADV. SRI.JACOB ABRAHAM SMT.KOCHUMOL KODUVATH RESPONDENT(S): COMPLAINANT -------------------------- S.I.OF POLICE, BALUSSERY, KOZHIKODE DISTRICT.(REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM). BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - B.A.No. 2481 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of May, 2010 ORDER This is a bail application filed by the accused in Crime No.214/2010 of Balusserry Police Station, Kozhikode district under Section 439 of Cr.P.C. 2. The allegation against the petitioner is that during July 2009, accused kidnapped the defacto complainant, a girl aged 20, while she was on her way to Thamarassery and taken her to a house at Poonoor and committed rape on her and thereby committed the offence punishable under Sections 366, 376, 506(i) of IPC. Petitioner was arrested on March 29, 2010 and he is in remand thereafter. The Judicial Magistrate of First Class II, Perambra dismissed his bail application. 3. It is alleged in the petition that petitioner is innocent of the offence alleged against him and that he is falsely implicated in this case and that if released on bail, he will abide by any condition that may be imposed by this court. 4. Notice given to the learned Public Prosecutor. This petition is B.A.No.2481/2010 2 opposed by the learned Public Prosecutor. 5. Heard learned counsel for the petitioner and the learned Public Prosecutor. 6. For the following reasons, I am inclined to grant bail to the petitioner. The incident occurred on July 2009. But going through the case diary produced by the Public Prosecutor, it is seen that FI statement was recorded on 25/03/2010 i.e. after about 9 months. Further, the case diary produced shows that investigation in this case is almost over and main witnesses have already been questioned. Further, accused is aged only 22 and he is a driver by profession. Therefore, I feel that petitioner can be released on bail, but subject to conditions. 7. In the result, the petition is allowed. The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with two solvent sureties for like sum each to the satisfaction of the lower court on the following conditions:- 1) The petitioner shall appear before the Investigating Officer on all Mondays between 10 a.m. and 11 a.m. 2) The petitioner shall not commit similar offence while on bail. 3) The petitioner shall co-operate with the investigation and shall not try to influence the B.A.No.2481/2010 3 prosecution witnesses or tamper with the evidence. 4) Petitioner shall not leave the limits of the jurisdiction of the lower court without prior permission. 5) If the petitioner violates any of the conditions mentioned above, lower court can cancel his bail. P.Q.BARKATH ALI JUDGE sv. B.A.No.2481/2010 4