IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Bail Appl..No. 6900 of 2008() ----------------------------- CRIME NO.200/2008 OF KODANCHERRY POLICE STATION .................... PETITIONER (S): ACCUSED -------------------- JOSEPH.N.C.@ OUSEPPACHAN, 51 YEARS, S/O.CHACKO, NEELAMPARAMBIL VEEDU, VATTACHUVADU, CHEMBUKADAVU, KODENCHERY BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KODANCHERY POLICE STATION REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6900 of 2008 --------------------------------------------- Dated this the 24th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 376 IPC and 3(1)(xi) and 3(2) of SC/ST (Prevention of Atrocities) Act. According to prosecution, petitioner committed rape on daughter of the defacto complainant, who is aged 3½ years, from his residential house. 3. Learned counsel for petitioner submitted that the allegations are false. Petitioner is in custody for the past 86 days from 30.8.2008 onwards. 4. Learned public prosecutor submitted that he has no objection in granting bail by imposing stringent conditions. On hearing both sides, I am satisfied that bail can be granted to the petitioner on conditions and hence, the following order is passed: Petitioner is granted bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate Court BA No. 6900/2008 2 concerned on the following conditions: (i) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not enter the limits of police station within which crime is registered except for compliance of direction in clause no.(i) above. (iii) Petitioner shall not enter any place lying within 100 mtrs. of radius from the house of defacto complainant. (iv) Petitioner shall not influence or intimidate any witness or tamper with evidence 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