IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 Bail Appl..No. 581 of 2010() ---------------------------- CRIME NO.42/2010 OF THAMARASSERY POLICE STATION, KOZHIKODE .................... PETITIONER/ACCUSED -------------------------------------- C.P.PRABEESH, S/O.PRABHAKARAN, AGED 30 YEARS, CHAMAKKALA HOUSE, CHEMBUKARA, THALAYAD P.O., KEDAVOOR AMSOM, KATTIPPARA. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): RESPONDENTS/COMPLAINANT --------------------------------------------------------------------- 1. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, THAMARASSERY POLICE STATION. 2. THE DEPUTY SUPERINTENDENT OF POLICE, THAMARASSERY. (RESPONDENTS 1 AND 2 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.581 of 2010 --------------------------------------------- Dated this the 8th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.42 of 2010 of Thamarassery Police Station, Kozhikode District. 2. The offences alleged against the petitioner are under Sections 366, 376 and 343 of the Indian Penal Code and Section 3(1)(XII) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The victim belongs to Scheduled Caste. She is aged 21 years. The allegation is that the petitioner pretending love and assuring that he would marry the de facto complainant, induced her to come out of the house and to go along with the accused to Mangalore. They stayed together in Mangalore in several lodges. It is alleged that the petitioner had sexual contacts with the victim. Later, on 16.1.2010, they came back to Kozhikode and the victim was abandoned while going from Kozhikode to Thamarassery. The petitioner was arrested on BA No.581/2010 2 22.1.2010. He is in judicial custody since then. 4. The learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition that may be imposed by the court. 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 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, Thamarassery, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday, Wednesday and Saturday for a period of two months and thereafter on every Monday 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 surrender his passport before the Judicial Magistrate of the First Class-I, Thamarassery within a period of one week from today. If the petitioner does not hold an Indian passport, an affidavit sworn to by him to that effect shall be filed within one week before the BA No.581/2010 3 learned Magistrate ; 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