IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 Bail Appl..No. 6763 of 2011() ----------------------------- CRMP.6301/2011 of J.M.F.C.,THIRUVALLA CRIME NO.1019/2011 OF THIRUVALLA POLICE STATION PATHANAMTHITTA DISTRICT .................... APPLICANT/ACCUSED ---------------------- VISHNU, AGED 24 YEARS, S/O.VIJAYAN, PANACHAMOOTTIL HOUSE, VENPALAMURI, KUTOOR VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- Bail Appln.No.6763 of 2011 ------------------------------------------ Dated this the 31st day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1019 of 2011 of Thiruvalla Police Station, Pathanamthitta District. 2. The offences alleged against the petitioner are under Sections 366-A and 376 of the Indian Penal Code. 3. The allegation is that the petitioner sexually abused the victim girl from 19/07/2011 to 28/07/2011. It is alleged that the victim was below 16 years of age at the relevant period. The petitioner was arrested on 31/07/2011 and he was remanded to judicial custody. 4. The learned Counsel for the petitioner submitted that the petitioner was in love with the victim girl and the girl even refused to go with her parents on production before the Magistrate. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Bail Appln.No.6763/2011 : 2 : petitioner, the nature of the offences 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 for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla, 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 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. Bail Appln.No.6763/2011 : 3 : 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 skj