IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Bail Appl..No. 7886 of 2008() ----------------------------- CMP.5256/2008 of SPL.J.M.F.C. FOR TRIAL OF MARADU CASES, KOZHIKODE CRIME NO.718/08 OF HOSDURG POLICE STATION PETITIONER/ACCUSED -------------------------------------- B.UNNIKRISHNAN, AGED 24 YEARS, SON OF BHAGI, NEAR NITHYANANDA POLY, KUSHAL NAGAR, HOSDURG TALUK. BY ADV. SRI.MURUGAN P.V. RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING BY THE SUB INSPECTOR OF POLICE, HOSDURG. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7886 of 2008 ----------------------------------------- Dated this the 12th January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 451 and 366 (A) of the Indian Penal Code. According to prosecution, on 23.11.2008 in the midnight while victim, who is aged 8 years, was sleeping with her parents in the house, petitioner trespassed into the house and took away the child with intention to subject to sexual intercourse. The child sustained injury on her lips since he bit her. She cried aloud and her parents came and rescued the child. 3. Petitioner was arrested on 23.11.2008 and he is in custody for the past 50 days. 4. Learned Public Prosecutor submitted that 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. BA.7886/08 2 Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.50,000/- 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 alternate day between 10 AM and 1 PM before the Superintendent of Police, Kasaragod, 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.