IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 Bail Appl..No. 7383 of 2009 CRIME NO.588 OF 2009 OF KATTAKKADA POLICE STATION, TRIVANDRUM. PETITIONER/ACCUSED -------------------------------------- SATHI @ SATHEESH, S/O.JOSHOWA, AADUVILL ROADARIKATHU VEEDU, MUKUNDARA DESOM, KALLIKKAD VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI.M.R.SARIN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7383 OF 2009 ------------------------------------------------------ Dated this the 4th day of January, 2010 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.588 of 2009 of Kattakkada Police Station. 2. The offence alleged against the petitioner is under Section 366 of the Indian Penal Code. 3. The prosecution case is that the petitioner, who is a married man and having two children, induced the victim who was aged only 18 years, took her to Malappuram and stayed there in a rented house. It is further alleged that the girl went with the petitioner under the belief that he could marry her. It is also alleged that the petitioner had sexual intercourse with the victim. The petitioner was arrested on 16.11.2009 and he was remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, B.A. NO. 7383 OF 2009 :: 2 :: 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. 5. 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, Kattakkada, 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, Wednesdays and Fridays for a period of two months and thereafter, 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; 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 ahz/