IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 Bail Appl..No. 7180 of 2011(D) ----------------------------- CRIME No.766/2011 OF VARKALA POLICE STATION. APPLICANT/ACCUSED ------------------------------------- DEEN JOSEPH, AGED 23 YEARS, S/O. THOMAS FELICKS, MAGNET HOUSE, THERIKKAL HOUSE, KEDAKULAM DESOM, AYIROOR VILLAGE. BY ADV. SMT.L.SATHY RESPONDENT(S): COMPLAINANT ---------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, KOLLAM-695 141. BY PUBLIC PROSECUTOR SRI. V. MANU. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 7180 OF 2011 --------------------------------- Dated this the 7th day of September, 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.766 of 2011 of Varkala Police Station, Kollam. 2.The offences alleged against the petitioner are under Sections 342, 511 of 376 and 363 of the Indian Penal Code. 3.The victim is aged 17 years. She was found in the morning on 9.8.2011, in the K.S.R.T.C.Bus stand, Kollam. The autorikshaw drivers informed the police. The girl was missing from her house on 8.8.2011. The matter was reported to the police and a Crime was registered for woman missing. The petitioner was arrested on 17.8.2011. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also gone through the case B.A.No. 7180 OF 2011 2 diary. 5.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. 6.The petitioner shall be released on bail on his executing bond for `25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Varkala, subject to the following conditions: A) The petitioner shall not enter into the Police Station limits of Varkala Police Station for a period of two months except for complying with conditions (B) & (C); B) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on all Mondays, till the final report is filed or until further orders. C) The petitioner shall appear before the investigating officer for interrogation as and when required; B.A.No. 7180 OF 2011 3 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. G) 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