IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Bail Appl..No. 6266 of 2011 CRIME NO.467 OF 2011 OF KILIKOLLOR POLICE STATION PETITIONER : ACCUSED NO.1 -------------------------------- SIYAD, AGED 20 YEARS, S/O. SALIM, THEKKEVILA VETTIL, PEROOR CHERY, KOTTANKARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6266 OF 2011 C ------------------------------------------------------ Dated this the 3rd 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.467 of 2011 of Kilikollor Police Station. 2. The offences alleged against the accused are under Sections 376 and 354 read with Section 34 of the Indian Penal Code. 3. The petitioner was arrested on 24.7.2011 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have perused the case diary also. 5. The gist of the allegation is that the de facto complainant and the petitioner fell in love with each other and they lived together BAIL APPL. NO.6266 OF 2011 :: 2 :: at various places including the house of the petitioner. Later, the petitioner abandoned the de facto complainant. 6. The learned counsel for the petitioner submitted that on 9.6.2011, the petitioner married the de facto complainant and now they are living together. 7. 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. 8. 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 I, Kollam, 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, 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; BAIL APPL. NO.6266 OF 2011 :: 3 :: 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 ahz/