IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 Bail Appl..No. 5542 of 2011() ----------------------------- CRIME NO.336/2011 OF ARYANCODE POLICE STATION PETITIONER/ACCUSED -------------------- SUBI, S/O.SUDARSANAN, S.S.NIVAS, ATTOOR DESEOM, OTTASEKHARAMANGALAM. BY ADV. SRI.M.R.SARIN RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5542 of 2011 ---------------------------------------------- Dated this the 14th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.336 of 2011 of Aryancode Police Station. 2. The offences alleged against the petitioners are under Sections 363, 366 and 376 of the Indian Penal Code. 3. The prosecution case is that on 26/05/2011, the accused took the victim who was below 16 years of age on a motor bike, took her to his house and had forcible sex with her and on the next day dropped her near a bus stop. It is also alleged that on a previous occasion the petitioner had raped her at her residence. The victim was studying in the 9th standard. 4. The petitioner was arrested on 30/05/2011. Bail Application No.4965 of 2011 filed by the petitioner was dismissed on 28/06/2011. Investigation has progressed much thereafter. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Bail Appln.No.5542/2011 : 2 : 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 `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-I, Neyyattinkara, 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.5542/2011 : 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