IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 Bail Appl..No. 3311 of 2009() ----------------------------- CMP.928/2009 of J.M.F.C.,PEERUMEDU CRIME NO.287/2008 OF UPPUTHARA POLICE STATION, IDUKKI. .................... PETITIONER/ACCUSED: -------------------------------------- SANTHOSH K.R., S/O.RAJAN, KARIMATTOM VEEDU, VALACODU KARA, VAGAMON VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENT/STATE: ------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT KERALA, ERNAKULAM (CRIME NO.287 OF 2008 OF UPPUTHARA POLICE STATION, IDUKKI DISTRICT). SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3311 of 2009 ------------------------------------ Dated this the 19th day of June, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 287/2008 of Upputhara Police Station, Idukki. 2. The offences alleged against the petitioner are under Sections 376 and 312 of the Indian Penal Code. 3. The defacto complainant filed a complaint before the Judicial Magistrate of the First Class, Kattapana on 20/11/2008, which was forwarded to the police under Section 156(3) of the Code of Criminal Procedure. A crime was accordingly registered on 24/11/2008. 4. The allegations made by the defacto complainant are that on 30/03/2008, she was taken to Ernakulam by the accused on a promise that a job will be arranged for her. She was taken to a lodge at Kakkanad and rape was committed on her on three occasions. Again on 15/06/2008, she was taken to a lodge at Kakkanad and rape was committed on her on four occasions. The 3rd incident alleged is on 19/09/2008. When the defacto B.A. No. 3311/2009 Page numbers complainant went to the house of the accused, he sent away his parents and raped the defacto complainant. The learned counsel for the petitioner pointed out that the case is a foisted one against him at the time when his marriage was fixed. On account of the complaint, the marriage did not take place. The petitioner surrendered before the police on 9/06/2009 and he is in judicial custody. 5. 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. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattapana 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 B.A. No. 3311/2009 Page numbers 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. 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 scm The words “Judicial Magistrate of the First Class, Kattappana” occurring in the 6th paragraph of the order dated 19/06/2009 in B.A. No.3311/2009 are corrected as “Judicial Magistrate of the First Class, Peerumade” as per order dated 22/06/2009 in Crl.M.A No.3365/2009 in B.A. No.3311/2009. Sd/- Registrar (Judicial)