IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Bail Appl..No. 6269 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.5797/2011 Dated 21/07/2011 CRIME NO.698/2011 OF NARAKKAL POLICE STATION ERNAKULAM DISTRICT .................... PETITIONER/ACCUSED NO.5 (UNDER JUDL. CUSTODY) ---------------------------------------- SANEESH K.S., S/O. SAJEEVAN, KAVUNGAL HOUSE, NARAKKAL P.O., VYPIN, ERNAKULAM. BY ADV. SRI.K.S.MADHUSOODANAN SRI.THOMAS CHAZHUKKARAN SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR SMT.M.A.RUXANA RESPONDENTS: COMPLAINANT & FORMAL PARTY ----------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, NARAKKAL POLICE STATION, NARAKKAL. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6269 of 2011 ---------------------------------------------- Dated this the 05th day of August, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.698 of 2011 of Narakkal Police Station, Ernakulam District. 2. The offences alleged against the accused are under Sections 376(g), 366-A and 354 of the Indian Penal Code. 3. The victim is aged 17 years. In the First Information Statement, the de facto complainant stated that on 17.6.2011, the petitioner came to her house and he committed rape on her. The First Information Statement narrates about various other incidents of rape by the other accused persons. 4. The petitioner surrendered before Court on 6.7.2011 and he was remanded to judicial custody. The Bail Application filed by the petitioner was dismissed by the trial court by the order dated 13th July, 2011. 5. The petitioner filed Bail Application No.5797 of 2011 under Section 439 of Cr.P.C and that Bail Application was dismissed on 21/07/2011. The learned counsel for the Bail Appln.No.6269/2011 : 2 : petitioner submitted that police custody of the petitioner was given for one day and potency test of the petitioner was also conducted. The learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition imposed by the Court for granting bail. 6. Taking into account the facts and circumstances of the case with particular reference to the petitioner, the duration of the judicial custody undergone by the petitioner, the nature of the offences and the present stage of investigation, 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, Kochi, subject to the following conditions: A) The petitioner shall not enter into the limits of Narakkal Police Station for a period of three months except for complying with conditions 'B' and 'C'. B) The petitioner shall report before the investigating officer between 9 A.M. and 11 Bail Appln.No.6269/2011 : 3 : A.M. on every Sunday, till the final report is filed or until further orders; C) The petitioner shall appear before the investigating officer for interrogation as and when required; D) The petitioner shall surrender his passport before the Judicial Magistrate of the First Class-I, Kochi. If the petitioner does not have a passport, an affidavit to that effect shall be filed by the petitioner. E) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. F) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. G) 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