IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Bail Appl..No. 5917 of 2008() ----------------------------- CRIME NO.230/2008 OF KADACKAL POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- UDAYAKUMAR, S/O.REGUNATHA PILLAI, SARATH BHAVAN, KOTTUKAL MURI, KOTTUKAL VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS DIRECTOR OF PUBLIC INSTRUCTION, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KADACKAL POLICE STATION, KADACKAL, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5917 of 2008 ------------------------------------------------- Dated this the 24th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 366(A) and 376 IPC. According to prosecution, the defacto complainant's daughter, aged 15 years, was allegedly raped by the petitioner on several occasions at different places. She was taken to different districts for the purpose of inducing her or compelling her to sexual intercourse. 3. Learned counsel for the petitioner submitted that the petitioner is in custody from 8.7.2008 on wards for the past 78 days. 4. Learned public prosecutor submitted that he has no objection in granting bail to the petitioner, but, stringent conditions may be imposed. Hence, bail is granted to the petitioner on the following terms and conditions: BA No.5917/08 2 (i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not enter the limits of the police station within which the crime is registered except for compliance of direction in clause no.(ii) above. (iv) Petitioner shall not tamper with evidence, influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl