IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 Bail Appl..No. 1548 of 2010(E) ----------------------------------------- CRIME NO .89/2010 OF KOIPURAM POLICE STATION, PATHANAMTHITTA. PETITIONER/2ND ACCUSED: ------------------------------------------ P.R.RAJEEV, S/O.RAJU,KIZHAKKEKKARA HOUSE MELUKARA, KOZHENCHERRY,PATHANAMTHITTA. BY ADV. SRI.C.S.MANILAL SRI.S.NIDHEESH RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1548 of 2010 -------------------------------- Dated this the 19th 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 accused No.2 in Crime No.89/2010 of Koipuram Police Station, Pathanamthitta. 2. The offences alleged against the petitioner are under Sections 376, 341, 323 and 324 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following: Accused No.1 got acquaintance with the de facto complainant after a series of telephone calls. Accused No.1 pretended love towards her and stated that he would marry her. She was requested to come to the Bus Stand at Kozhencherry. From there, she was taken in the autorickshaw driven by accused No.1 to Kadapra. She was taken to the house of one Pradeep. They stayed there for five days. During those days, she was subjected to forcible sex. Thereafter, from 25/2/2009 to 23/4/2009, they resided in another rented house. On 3/3/2009, it is alleged that accused No.2, the brother of the first accused, raped the de facto complainant. Later, they B.A. No. 1548/ 2010 2 shifted their residence to the house of accused No.1. It is alleged that accused No.3, an autorickshaw driver and a close friend of accused No.1 committed rape on the de facto complainant at that place. It is stated that they again shifted their residence to another place. At that place, accused No.3 made an attempt to commit rape. The de facto complainant and the first accused again shifted their residence to a shed near the family house of accused No.1. It is alleged that accused Nos.3 and 4 committed rape on the de facto complainant at that place. Accused No.4 is the uncle of accused No.1. The 5th accused is mother of accused No.1. The allegation is that she had beaten the de facto complainant, on her refusal to have sexual relationship with accused No.3. Accused No.2 was arrested on 3/3/2010 and he was remanded to judicial custody. 4. The de facto complainant filed a complaint before the court of the Judicial Magistrate of the First Class-II, Pathanamthitta. The complaint was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure and accordingly, the crime was registered. B.A. No. 1548/ 2010 3 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 6. 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. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Pathanamthitta 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 for a period of two months and thereafter on Mondays, 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 try to influence the prosecution witnesses or tamper with the evidence. B.A. No. 1548/ 2010 4 D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) 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 scm