IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 Bail Appl..No. 489 of 2008() ---------------------------- CRIME NO.9/08 OF PERUVANNAMUZHI POLICE .................... : PETITIONER/ACCUSED: ------------------------------------ GIREESH, S/O. NARAYANAN, AGED 28/08, NEDOOLIMEETHAL HOUSE, PERAMBRA AMSOM, THANIKKANDI. BY ADV. SRI.SANTHARAM.P RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.489 of 2008 ------------------------------------- Dated this the 29th day of January, 2008 ORDER Application for regular bail. Petitioner faces allegations for offences punishable under Sections 323 and 377 I.P.C. He had allegedly forced a child, aged 14 years, to have sexual intercourse with him against the order of nature on 15.01.08. The brother of the victim child, who went in search of the child, as the child did not return home in time, happened to see the indiscretion committed by the petitioner. The child explained that he was forcibly taken away by the petitioner to subject him to such unnatural carnal intercourse against the order of nature. The petitioner was arrested on 16.01.08. Investigation is in progress. Final report has not been filed. The petitioner continues in custody from 16.01.08. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer on condition that the investigator is given reasonable further time to complete the investigation and I am satisfied that the petitioner can now be directed to be released on bail subject to appropriate terms and conditions. B.A.No.489 of 2008 2 3. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall not be released on the strength of this order prior to 11.02.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; ii) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; iii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of 2 months from the date of his release and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-