IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Bail Appl..No. 3749 of 2010() ------------------------------------------ (CRIME NO.217/2010 OF PANGODE POLICE STATION,KOLLAM DISTRICT) ..... PETITIONER/IST ACCUSED: ------------------------------------------ JAYAN ACHARY,S/O.VISWAMBARAN ACHARY, 25 YEARS,NARANGAKKUNNIL PUTHEN VEEDU,AMBALAMUKKU, MATHIRA,KUMMIL VILLAGE,KOTTARAKKARA TALUK. BY ADV. SRI.SYAM J SAM RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------ B.A. No. 3749 of 2010 ------------------------------------ Dated this the 1st day of July, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 363, 366, 376(g) of the Indian Penal Code. According to prosecution, petitioner kidnapped a girl aged 19 years and committed rape on her. He was also subjected to gang rape by accused nos. 1 to 4 at different places. 3. Petitioner is the first accused. The incident happened on 30.03.2010 at about 6.30 P.M. and also on various subsequent days. Petitioner was arrested on 01.04.2010 and he is in custody for the past 90 days. 4. Learned Public Prosecutor submitted that charge sheet is not laid and hence petitioner is entitled for statutory bail and hence, this petition is not opposed. 5. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent B.A. No. 3749 / 2010 2 sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every Monday and Thursday, between 10 A.M. and 1 P.M. ii) Petitioner shall not enter the limits of the police station within which the crime is registered, except for compliance of condition no.1. iii) Petitioners shall not influence or intimidate any witness or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln