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. 7778 of 2009() -------------------------------------- CRMP.4398/2009 of DISTRICT COURT, KASARAGOD CRIME NO.329/2009 OF NILESWAR POLICE STATION. .................... PETITIONER/ACCUSED: -------------------------------------- C.H.FIROZ, AGED 27 YEARS, S/O. MOHAMMEDKUNHI, CHIRAMMAL HOUSE, KILIYALAMTHOTTI, KINANOOR VILLAGE, HOSDURG TALUK. BY ADV. SRI.T.MADHU RESPONDENT/ STATE: -------------------------------- THE STION HOUSE OFFICER, NILESHWAR POLICE STATION, REPRESETNED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR 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. 7778 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.329/2009 of Nileswar Police Station. 2. The offences alleged against the petitioner are under Sections 376, 506(ii) and 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The prosecution case is that on 19/11/2009, the petitioner committed the offence on the victim, who belongs to Scheduled Tribe community. The incident occurred while the victim went to take water from the bore well situated in the property of one Vellachi. The allegation is that the petitioner forcibly took her to the nearby pump house and committed the offence. The investigation is not over. By the order dated 18/12/2009, the learned Sessions Judge dismissed the application for bail filed by the petitioner. 4. It is submitted by the learned counsel for the petitioner that the petitioner is prepared to comply with any B.A. No. 7778 / 2009 2 conditions that may be imposed by the Court. 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 on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Hosdurg 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 Saturdays, 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, if any, before the court of the Judicial Magistrate of the First Class-II, Hosdurg. If the petitioner is not in possession of a Passport, an affidavit to that effect shall be filed before the learned Magistrate. B.A. No. 7778 / 2009 3 D) The petitioner shall not enter into the limits of Nileswar Police Station for a period of two months. E) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. F) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. G) 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