IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 Bail Appl..No. 9852 of 2011() ----------------------------- CRMP.3400/2011 of J.M.F.C.-I,PATHANAMTHITTA Crime No.80 of 2011 of Thannithodu Police Station, Pathanamthitta District. .................... PETITIONER: -------------------- MATHAI @ PONNACHAN,AGED 60 YEARS S/O.VARGHESE, ERUTHINGALVEEDU THANNITHODU MURI, THANNITHODU VILLAGE PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA SRI.JOSEPH SEBASTIAN (PARACKAL) RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 682 031. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.9852 OF 2011 --------------------------------- Dated this the 13th day of December, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.80 of 2011 of Thannithodu Police Station, Pathanamthitta District. 2.The offences alleged against the petitioner are under Sections 450 and 376 of the Indian Penal Code and Sections 3(1)(xi) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3.The prosecution case is the following: The de facto complainant was admitted in the hospital due to Chikkun Gunia. After she was discharged from the hospital, she was taking rest in her house. On 4.10.2011 noon, when she went to the kitchen, she fell unconscious. She lied down in the B.A.No. OF 2011 2 kitchen itself. At about 3 P.M, when the husband of the victim came to the house, he found the accused committing rape of the defacto complainant. Even at that time, the victim was unconscious. 4. The petitioner was arrested on 27.10.2011 and he was remanded to judicial custody. 5. B.A.No.9202 of 2011 filed by the petitioner was dismissed by the order dated 14th November, 2011. Investigation has progressed thereafter. 6.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 with effect from 27.12.2011. 7.The petitioner shall be released on bail only on 27.12.2011 on his executing bond for `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the B.A.No. OF 2011 3 like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Pathanamthitta, 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 and Thursdays for a period of one month and thereafter 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. 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. cms