IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 Bail Appl..No. 769 of 2009() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.245/2009 Dated 22/01/2009 CMP.106/2009 of J.M.F.C.-II,KOTTARAKKARA CRIME NO.836/08 OF KADACKAL POLICE STATION PETITIONER -------------------- S.SALIM, S/O.SHAMSUDEEN, NEDUMPURATHU VEEDU, KOTTUKAL MURI, KOTTUKAL VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, COMPLAINANT, KADACKAL POLICE STATION, KADACKAL, KOLLAM DISTRICT. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 769 OF 2009 ----------------------------------------- Dated this the 19th February, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 540 and 376 of the Indian Penal Code. According to prosecution, on 19.11.2009 at about 3 PM, petitioner trespassed into the house of de facto complainant and committed rape on her at the platform of a well. 3. Petitioner was arrested on 22.12.2008. This is the second application for bail. Learned Public Prosecutor submitted that considering the stage of investigation, he has no objection in granting bail to petitioner, but stringent condition may be imposed. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner. Hence, bail is granted to petitioner on the following terms and conditions: BA.769/09 2 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 and Thursday between 10 AM and 1 PM until further orders. iii). Petitioner shall not enter the limits of the police station within which the crime is registered, except for compliance of condition in clause No.(ii) above. iv) Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.