IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 1761 of 2010() ----------------------------- CRIME NO.221/2010 OF HOSDURG POLICE STATION .................... PETITIONER(S): ACCUSED: ---------------------------- K.RAJESH, AGED 29 YEARS, S/O.AMMINI, THAYATH VEEDU, MANIKOTH P.O., AJANUR VILLAGE, HOSDURG TALUK. BY ADV. SRI.MURUGAN P.V. RESPONDENT(S): COMPLAINANTS: ---------------------------- 1. THE STATION HOUSE OFFICER, HOSDURG, THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1761 of 2010 --------------------------------------------- Dated this the 7th day of April, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.221 of 2010 of Hosdurg Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that the accused, who is a close friend of the brother of the victim, raped the victim after locking in a room the physically challenged sister of the victim. It is also alleged that the nude photographs of the victim were taken. Misusing those photographs, the accused had forcible sex with the victim on several occasions. She became pregnant. 4. The de facto complainant filed a complaint before the Judicial Magistrate of the First Class-I, Hosdurg which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. The crime was accordingly registered. The complaint was filed on 1.3.2010. The petitioner BA No. 1761 /2010 2 was arrested on 5.3.2010 and he was remanded to judicial custody. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. 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 on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs. 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg, 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 limits of Hosdurg Police Station for a period of two months except for complying with conditions (a) and (b); BA No. 1761 /2010 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 csl