IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 Bail Appl..No. 7200 of 2011 CRIME NO.164 OF 2011 OF VELLARIKUNDU POLICE STATION, KASARAGOD PETITIONERS/ACCUSED --------------------------------------- ANANDA.B., S/O.SHEDYALA, AGED 31 YEARS, BALLAMBATTU, UKINADUKKA, BADIYADUKKA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT: STATE -------------------- STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, VELLARIKUNDU POLICE STATION, THROUG THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7200 OF 2011 ------------------------------------------------------ Dated this the 26th day of September, 2011 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.164 of 2011 of Vellarikundu Police Station, Kasaragod District. 2. The offences alleged against the petitioner are under Sections 376 of the Indian Penal Code and Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The prosecution case is that in 2008-2009, the petitioner sexually abused the de facto complainant promising to marry her. The de facto complainant became pregnant and she delivered of a child. 4. The petitioner was arrested on 18.8.2011 and he was BAIL APPL. NO.7200 OF 2011 :: 2 :: remanded to judicial custody. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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 Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Hosdurg, 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, 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; BAIL APPL. NO.7200 OF 2011 :: 3 :: d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; 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 ahz/