IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 9956 of 2011 CRIME NO.198 OF 2011 OF BADIADKA POLICE STATION, KASARAGOD. PETITIONER/ACCUSED -------------------------------------- BADARU @ T.K. BADHRUDDIN, S/O.MUHAMMED, AGED 23 YEARS, TOTTUKARA HOUSE, NEKRAJE VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENT: STATE -------------------- STATION HOUSE OFFICER, BADIADKA STATION, KASARAGOD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR SRI.TOM JOSE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9956 OF 2011 ------------------------------------------------------ Dated this the 7th day of December, 2011 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.198 of 2011 of Badiadka Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 376, 450 and 506(ii) of the Indian Penal Code. 3. The prosecution case is that on 29.5.2011 at 10.30 A.M., the petitioner trespassed into the house of the defacto complainant and raped her. The incident was reported before the police on 4.6.2011. It is stated that the petitioner was absconding and he could be arrested only on 17.11.2011. After completing investigation, final report was filed in the case. 4. Since the final report was filed in the case, I do not think that detention of the petitioner in judicial custody is required. Bail Appl. NO.9956 of 2011 :: 2 :: However, it is necessary to stipulate stringent conditions for granting bail to the petitioner. The victim and the petitioner are neighbours. If the petitioner is allowed to enter into the limits of Badiadka Police Station, it is likely that he would influence and intimidate the victim and her family members and tamper with the evidence. Therefore, until the trial is over, it is necessary to direct the petitioner not to enter into the limits of Badiadka Police Station except on extreme necessity when the Court having jurisdiction grants permission to the petitioner to do so. 5. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand only with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Kasaragod, subject to the following conditions: a) The petitioner shall appear before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays for a period of two months and thereafter, on alternate Mondays, until further orders; b) The petitioner shall not enter into the limits of Badiadka Police Station until the trial of the case is over. However, if the petitioner proves any extreme necessity for him to enter into such limits, he may apply to the Court having jurisdiction for that purpose; Bail Appl. NO.9956 of 2011 :: 3 :: 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 ahz/