IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 Bail Appl..No. 1019 of 2010() ----------------------------- CRIME NO.30/2010 OF BADIADKA POLICE STATION, KASARAGOD DT. .................... PETITIONER/ACCUSED: --------------------------------------- V.J.JAMES @ JOSEPH, S/O.JOSEPH, VALOLIKKAL HOUSE, MARUTHOM, CHULLI P.O., BALAL GRAMAM. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, BADIADKA POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1019 of 2010 --------------------------------------------- Dated this the 12th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.30 of 2010 of Badiadka Police Station. 2. The offences alleged against the petitioner are under Section 376 of the Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The prosecution case is that the petitioner/accused, a rubber tapper, committed the offence of rape in July 2009 on a girl aged below 16 years at that time. The victim was known to the accused for the last three years. It is stated that as a result of the offence, the victim became pregnant. She belongs to a Scheduled Caste and therefore, the offence under Section 3(1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was also included. 4. The petitioner was arrested on 31.1.2010 and he was remanded to judicial custody. BA No.1019/2010 2 5. The learned counsel for the petitioner submitted that the investigation is almost over and the potency test was also conducted. 6. The learned Public Prosecutor also submits that the investigation has progressed much and that the potency test was conducted. 7. 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 on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod, 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, 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 enter into the limits of BA No.1019/2010 3 Badiadka Police Station for a period of two months; d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; 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 csl