IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 Bail Appl..No. 2050 of 2010 CRIME NO.343 OF 2009 OF ERUMELY POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED -------------------------------------- DILEEP. AGED 20, S/O. SISUPALAN, NEAR M.T.HIGH SCHOOL, KANAKAPPALAM KARA, ERUMELY SOUTH VILLAGE. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.C.M.KAMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2050 OF 2010 ------------------------------------------------------ Dated this the 7th 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 accused in Crime No.343 of 2009 of Erumely Police Station, Pathanamthitta District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The case of the de facto complainant is that about 1 ½ years back, she was subjected to forceful sex by the accused and, under threat, the relationship continued even thereafter. She became pregnant. She delivered a child. Contrary to the promise to marry, the petitioner did not marry her. The petitioner was arrested on 18.3.2010 and he was remanded to judicial custody. 4. 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. B.A. NO. 2050 OF 2010 :: 2 :: 5. 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-II, Kanjirappally, 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; 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/