IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 Bail Appl..No. 10518 of 2011() ------------------------------ CMP.6674/2011 of J.M.F.C.-II, KOLLAM Crime No.1354 of 2011 of Eravipuram Police Station, Kollam District. .................... PETITIONER/ACCUSED --------------------------- NOUSHAD AGED 35 YEARS, S/O MUHAMMED SALI KAYYALAKKAL LEKSHAM VEEDU, PATTANITHANGAL NAGAR 87, KAYYALAKKAL, ERAVIPURAM, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI SRI.B.N.HASKAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 10518 OF 2011 --------------------------------- Dated this the 22nd day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.1354 of 2011 of Eravipuram Police Station, Kollam District. 2.The offences alleged against the petitioner are under Sections 376 and 354 of the Indian Penal Code. 3.The victim is aged 13 years. She is studying in the 9th Standard. The accused is the neighbour of the victim. The allegation is that the accused used to come to the house of the victim on almost all days. The allegation is that on several occasions, the petitioner sexually abused the victim. 4. The petitioner was arrested on 18.11.2011 and he B.A.No. 10518 OF 2011 2 was remanded to judicial custody. 5. The learned counsel for the petitioner pointed out that even if all the allegations are taken as true, no offence under Section 376 of the Indian Penal Code is made out. 6. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. It is not necessary to arrive at any conclusive finding on the contentions put forward by the petitioner, while disposing of this Bail Application. 7.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. 8.The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the B.A.No. 10518 OF 2011 3 satisfaction of the Judicial Magistrate of the First Class-II, Kollam, 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 for a period of one month, 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) 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 cms