IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 Bail Appl..No. 7142 of 2011() ------------------------- CRIME NO.199/2011 OF RAMAMANGALAM POLICE STATION ERNAKULAM DISTRICT PETITIONER : ACCUSED -------------------- JAGADEESAN, AGED 21 YEARS, S/O.THANKAPPAN, CHERIKUMKUZHIYIL HOUSE, EZHAKKARANADU KARA, MANEED VILLAGE. BY ADV. SRI.V.JOHN SEBASTIAN RALPH SRI.K.J.JOSEPH (ERNAKULAM) RESPONDENT: --------------- STATE OF KERALA, THROUGH C.I. OF POLICE, RAMAMANGALAM POLICE STATION, (CRIME No.199/2011) REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7142 of 2011 ---------------------------------------------- Dated this the 05th day of September, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.199 of 2011 of Ramamangalam Police Station, Ernakulam District. 2. The offence alleged against the petitioner is under Section 376 read with Section 34 of the Indian Penal Code. 3. Originally, the petitioner was accused No.2 in the case. Accused Nos.1, 3 and 4 were found to be juveniles and therefore separate charge was filed against them before the Juvenile Justice Board. Now as per the charge sheet filed in Crime No.199 of 2011, the petitioner is the sole accused. The victim was aged 11 years. The petitioner is a relative of the victim. The petitioner was arrested on 05/07/2011 and he was remanded to judicial custody. After completing the investigation, the charge was laid. 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 that the charge was Bail Appln.No.7142/2011 : 2 : laid, I am of the view that bail can be granted to the petitioner. 5. 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 satisfaction of the Judicial Magistrate of the First Class, Kolanchery, subject to the following conditions: A) The petitioner shall not enter into the limits of Ramamangalam Police Station for a period of two months. B) The petitioner shall not directly or indirectly contact the victim till the trial of the case is over. 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 skj