IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Bail Appl..No. 910 of 2010 CRIME NO.23 OF 2010 OF VADAKKEKARA POLICE STATION PETITIONER/ACCUSED -------------------------------------- SHIBIN, AGED 30 YEARS, S/O.KUNJAPPAN, KAKKANADU HOUSE, PATTANAM KARA, VADAKKEKARA VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.SAJIV.C.K. RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, VADAKKEKKARA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 910 OF 2010 ------------------------------------------------------ Dated this the 18th day of February, 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.23 of 2010 of Vadakkekara Police Station, Ernakulam District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The victim is a girl studying for plus one. She is aged about 15 years. On 15.1.2010, the victim girl directly went to the police station, met the Sub Inspector and gave the First Information Statement. She stated that the accused and herself fell in love with each other. On several occasions, the petitioner had stealthily gone to the house of the de facto complainant and he had sexual contact with her. He promised to marry her. Later, the petitioner decided to marry another girl. At that juncture, the victim girl lodged the First Information Statement. The petitioner was arrested on 15.1.2010 and he was remanded to judicial custody. B.A. NO. 910 OF 2010 :: 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. 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, North Paravur, 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 and Thursdays, 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 surrender his passport before the Judicial Magistrate of the First Class, North Paravur within a period of one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him shall be filed before the learned Magistrate within one week; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; B.A. NO. 910 OF 2010 :: 3 :: 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/