IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 2069 of 2010 CRIME NO.18 OF 2010 OF WADAKKANCHERY POLICE STATION, THRISSUR PETITIONER: ACCUSED: ------------------------------ UNNIKRISHNAN @ KUTTAN, S/O.SANKARANARAYANAN, COLAKKOTTIL HOUSE, VELLARKULAM DESOM, PAZHAYANNUR VILLAGE, THRISSUR DIST. BY ADV. SRI.V.M.SYAM KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.I.OF WADAKKANCHERRY POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2069 OF 2010 ------------------------------------------------------ Dated this the 8th day of April, 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 sole accused in Crime No.18 of 2010 of Wadakkanchery Police Station. 2. The offences alleged against the petitioner are under Sections 450 and 376 of the Indian Penal Code. 3. The prosecution case is the following: The accused is a rubber tapper. He used to come for rubber tapping in the Rubber Estate near the house of the victim. The victim is a widow, aged 42 years. Her husband died 20 years ago. Her daughter is married to Malappuram. On 3.1.2010 at 5.30 A.M., she woke up and went to the toilet outside the house. She saw a man in front of the house. Immediately she returned to the house. By that time, the accused caught hold of the victim and committed rape on her. There was profuse bleeding. She informed the neighbours. She was taken to the hospital. B.A. NO. 2069 OF 2010 :: 2 :: 4. The petitioner was arrested on 4.1.2010 and he was remanded to judicial custody. 5. The petitioner filed B.A.No.1251 of 2010, which was dismissed by the order dated 11.3.2010. 6. It is submitted by the learned counsel for the petitioner that charge sheet was not filed within the period provided under the proviso to Section 167(2) of the Code of Criminal Procedure and, therefore, the petitioner is entitled to default bail. The learned Public Prosecutor submitted that charge sheet is not filed. 7. 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 also the fact that no charge sheet is filed within time, I am inclined to grant bail to the petitioner. 8. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Wadakkanchery, subject to the following conditions: B.A. NO. 2069 OF 2010 :: 3 :: 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 enter into the limits of Wadakkanchery Police Station for a period of one month, except for complying with conditions (a) and (b); d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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/