IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Bail Appl..No. 1518 of 2010 CRIME NO.293 OF 2009 OF NEYYAR DAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- SANTHOSH KUMAR ALIAS ZIAL, S/O.VELUKUTTY KALI,AP.III/435, KIZHAKKUNNATHARA VEEDU, SETTLEMENT COLONY,11TH CHAKKAPPARA, KOVILLUR DESOM,VAZHACHAL VILLAGE. BY ADV. SRI.M.R.SARIN RESPONDENT: --------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1518 OF 2010 ------------------------------------------------------ Dated this the 5th day of April, 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.293 of 2009 of Neyyar Dam Police Station. 2. The offences alleged against the petitioner are under Sections 309 and 376 of the Indian Penal Code. 3. The prosecution case is that the petitioner committed the offence of rape on the victim, aged 17 years, on several occasions. The victim, thereafter, committed suicide. The petitioner is the son of the victim's uncle. The de facto complainant is the brother of the victim. 4. The petitioner was arrested on 27.2.2010 and he was remanded to judicial custody. B.A. NO. 1518 OF 2010 :: 2 :: 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. 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. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakada, 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 two months 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 enter into the limits of Neyyar Dam Police Station for a period of two months; B.A. NO. 1518 OF 2010 :: 3 :: d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; 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 ahz/