IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 Bail Appl..No. 5968 of 2011() ----------------------------- CMP.6175/2011 of J.M.F.C.,KASARAGOD Crime No.245 of 2011 of Badiadka Police Station, Kasaragod District. .................... APPELLANT/ACCUSED -------------------- NITHIN KUMAR, AGED 28 YEARS, S/O.MADHAVA RAO, RESIDING AT SHETTY GARDEN, BASKARA NAGAR, KUMBLA, KASARAGOD. BY ADV. SRI.JACOB E SIMON RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5968 of 2011 ---------------------------------------------- Dated this the 27th day of July, 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.245 of 2011 of Badiadka Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The allegation is that the petitioner and the de facto complainant were in love with each other and on 15/09/2010 de facto complainant was raped by the petitioner at her residence when she was alone. She became pregnant. The matter was reported to the police on 15/07/2011. The petitioner was arrested on 15/07/2011 and he was remanded to judicial custody. 4. It is submitted that after completing the investigation final report was filed on 22/07/2011. 5. The learned counsel for the petitioner submitted that the de facto complainant's marriage took place on 05/05/2011 and her husband filed a complaint against the de Bail Appln.No.5968/2011 : 2 : facto complainant alleging offence under Section 420 I.P.C. on the ground that the de facto complainant delivered a child within one month of her marriage. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner. 7. 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-I, Kasaragod, subject to the following conditions: A) The petitioner shall not enter into the limits of Badiadka Police Station for a period of three months. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. Bail Appln.No.5968/2011 : 3 : D) 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