IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Bail Appl..No. 7353 of 2009() ----------------------------- CRIME NO.656/2009 OF KATTAPPANA POLICE STATION, IDUKKI DISTRICT PETITIONER (S): ACCUSED --------------------------- E.R. ANEESH, S/O. RAVI, ELLICKAL HOUSE, ODAKALI KARA, ASHAMANNUR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.A.P.SUBHASH RESPONDENT(S): COMPLAINANT --------------------------------------------- STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7353 of 2009 --------------------------------------------- Dated this the 15th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.656 of 2009 of Kattappana Police Station. 2. The offences alleged against the petitioner are under Sections 511 of 376 and 306 of the Indian Penal Code. 3. The date of occurrence was on 18.11.2009. The petitioner was arrested on 24.11.2009 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 5. The deceased was studying for nursing in Andhra Pradesh. The petitioner is an autorickshaw driver. He was married at the relevant time. The deceased and the petitioner became friends. They fell in love with each other. They were meeting at different places but, there was no sexual contact. The allegation is that on 18.11.2009, the petitioner attempted to commit rape which forced her to commit suicide. BA No.7353/2009 2 4. 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, Kattappana, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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; 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 csl