IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 Bail Appl..No. 4367 of 2010() ----------------------------- CRIME NO.388/2010 PERAMANGALAM POLICE STATION, THRISSUR. .................... (S): PETITIONER-ACCUSED -------------------------------------- SATHAR @ ABDUL SATHAR, S/O.LATE MOHAMMEDALI ALIAS VAHID HAJI, AGED 27 YEARS, PUTHUVEETIL, PATTIKKARA, CHIRANELLUR P.O., THRISSUR DISTRICT. BY ADV. SRI.AVM.SALAHUDIN SRI.G.ARUN GOPAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4367 of 2010 ---------------------------------------------- Dated 22nd July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Section 376 of the Indian Penal Code and Section 66E of the Information Technology Act. According to prosecution, petitioner gave some intoxicating drink to defacto complainant and took nude photographs in his mobile phone camera and showing the same and putting her under threat, he committed rape on her on several occasions. On a complaint given by the alleged victim on 26.5.2010, a crime was registered against petitioner. 3. Learned counsel for petitioner submitted that the complainant is aged 34 years and petitioner is aged only 26 years. The allegations are made with respect to some incident which took place one year back. There is some contradiction in the remand report and the first information statement regarding consent. In the remand report, it is stated that defacto complainant was allegedly threatened and rape was committed whereas, as per the first information statement, she was given BA NO.4367/10 2 some intoxicating drink. Petitioner was arrested on 27.5.2010 and he is in custody for the past 57 days. This is the second application for bail. 4. Learned Public Prosecutor submitted that considering the stage of investigation, he has no objection in granting bail to petitioner, but stringent conditions may be imposed. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not enter the limits of the police station, within which the crime is registered, except for compliance of condition no.(i) BA NO.4367/10 3 (iii) Petitioner shall not influence or intimidate any witness or tamper with evidence. (iv) Petitioner shall surrender passport before the Magistrate Court concerned within seven days from today. If he is not in possession of the passport, he shall file an affidavit to that effect and satisfy learned Magistrate of that fact. (v) In case the petitioner is involved in any offence of similar nature, his bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE. tgs