IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Bail Appl..No. 8681 of 2011() ----------------------------- CP.14/2011 of J.M.F.C.-II, ALUVA Crime No.735 of 2011 of Angamali Police Station. PETITIONER/ACCUSED -------------------------------------- CHAKOCHAN, AGED 50 YEARS, S/O. DEVASI, MANAVALAN HOUSE, KODUSSERY, PARAKADVU, ANGAMALI, ERNAKULAM DIST. BY ADV. SRI.ANVER BASHEER RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KREALA,ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8681 OF 2011 --------------------------------- Dated this the 8th day of November , 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The Petitioner is the sole accused in Crime No.735 of 2011 of Angamali Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that on 30.12.2010, the petitioner raped the victim, who is a mentally challenged girl aged below 16 years. The petitioner was arrested on 16.5.2011 and he was remanded to judicial custody. 4. It is submitted that after completing the investigation, final report was filed on 31.7.2011. It is also submitted that the committal proceedings are over and the matter is now B.A.No. 8681 OF 2011 2 pending before the Principal Sessions Court, Ernakulam. 5. 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. 6. 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 Court having jurisdiction, subject to the following conditions: A) The petitioner shall report before the officer who laid the charge sheet on every Monday, until further orders. 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. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No. 8681 OF 2011 3 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE. cms