IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 Bail Appl..No. 7072 of 2008() ----------------------------- CRIME NO.814/2008 OF KOYILANDY POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- SUDHAKARAN, S/O.CHIRUTHAKUTTY, THOTTAM VAYALIL,CHEMANCHERRY, THIRUVANGOOR, VENGALAM, KOZHIKODE DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- STATION HOUSE OFFICER, REP. BY STATE OF KERALA REP.PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7072 of 2008 --------------------------------------------- Dated this the 28th November, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 511 of 376 IPC. According to prosecution, petitioner was conducting Balsangam programme at at Nayanar Smaraka Mandiram and victims were three girls, aged 7 and 9 years. They were attempted to be raped by petitioner on 5.10.2008. 3. Learned counsel for petitioner submitted that allegations made in the FI statement will not constitute offence under Section 511 of IPC. It will only constitute offence under Section 354 IPC. It is also submitted that it is improbable that incident of this nature will take place in the manner alleged. It is also submitted that this case is falsely foisted due to political rivalry. The defacto complainant's father is a worker in opponent political party. It is also submitted that petitioner is a branch secretary of CPI(M). Petitioner is in custody from 8.10.2008 onwards for the past 50 days and hence, bail may be granted, it is submitted. 4. Learned public prosecutor submitted that considering the stage of investigation, he has no objection in granting bail, BA No.7072/2008 2 but, stringent conditions may be imposed. 5. On hearing both sides, I am satisfied that bail can be granted to the petitioner on stringent conditions. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not enter the limits of police station within which crime is registered except for compliance of direction in clause no.(ii) above. (iv) Petitioner shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl