IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 Bail Appl..No. 7660 of 2009() ------------------------------------------ (CRIME NO.432 OF 2009 OF VENJARAMOOD POLICE STATION IN THIRUVANANTHAPURAM DISTRICT) PETITIONER/ACCUSED: -------------------------------------- AMBILI.C., S/O.SREEDHARAN, CHITHIRA BHAVAN, KEECHERY, KALAMACHAL P.O., THIRUVANANTHAPURAM. BY ADV. MR.V.G.ARUN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T. SANKARAN, J. --------------------------- B.A. No.7660 of 2009 ------------------------------------ Dated this the 6th day of January, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 432/2009 of Venjaramood Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that the defacto complainant's daughter was subjected to rape by the petitioner on 10/7/2009. The victim is a mentally challenged person. She is aged about 35 years. Her mother is a widow and she used to go for Coolie work. The allegation is that the petitioner, who is aged about 46 years and who has wife and children, committed the offence on the helpless victim, who is mentally challenged. 4. The petitioner surrendered before the police on 26/10/2009 and he was remanded to judicial custody. 5. The petitioner filed B.A. No.6712/2009 before this Court, which was dismissed as per the order dated 17/11/2009. The investigation has progressed much thereafter and it is at the B.A. No.7660/2009 2 final stage. 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 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 Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Nedumangad subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed or until further orders. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No.7660/2009 3 E) 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 scm