IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No.2875 of 2008 ( ) ----------------------------- CRIME NO.175/08 OF ALATHUR POLICE STATION .................... PETITIONER/ACCUSED: ---------------------------- PRAKASH, S/O NARAYANAN KOSAKUZHI VEEDU, KALIPPARA, KOTTEKKAD, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT: COMPLAINANT: ------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR (REPRESENTING S.I.OF POLICE ALATHUR POLICE STATION), HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.MOHAMMED PUZHAKKARA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ B. A. No.2875 of 2008 ------------------------------------------------ Dated this the 6th day of May, 2008 ORDER This is an application for bail under Section 439 of the Cr.P.C. The petitioner is accused in Crime No.175/08 of Alathur Police Station registered for offence under Section 376 of the IPC on the allegation that he committed sexual intercourse on several occasions with the de facto complainant assuring to marry her with no intention of marrying her. He was arrested on 12/04/08 and was remanded to Judicial Custody and he continues in custody ever thereafter as his application for bail was dismissed by the Sessions Judge vide Annexure-I order. Considering the period of detention already undergone by the petitioner, I am of the view that bail can be granted to the petitioner imposing stringent conditions. In the result, allowing this application I grant bail to the petitioner on his executing bail bond for Rs.25,000/- with two solvent sureties each for the like sums to the satisfaction of the Magistrate concerned. On such release, the petitioner shall appear before the B. A. No.2875 of 2008 -2- Investigating Officer between 10 a.m. and 12 noon on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. On release, the petitioner shall not get himself involved in commission of any offence, shall not influence or intimidate witnesses in the case and shall not, except for the purpose of appearing before the Investigating Officer, if need be, move beyond the territorial limits of the town in which he is having his permanent residence, the details of which shall be furnished to the Court and to the Investigating Officer immediately on release on bail. K.P.BALACHANDRAN, JUDGE kns/-