IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Bail Appl..No. 3157 of 2009() ----------------------------- CRIME NO.118/2009 OF KALPETTA POLICE STATION, WAYNAD PETITIONER: ---------------------- LAJEESH @ JITHU @ LEJU, S/O. SIVADASAN, AGED 29, KANDASSERI HOUSE, MANATHALA, BABY ROAD, CHAVAKKAD, THRISSUR. BY ADV. SRI.RAJIT RESPONDENT : ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3157 of 2009 ------------------------------------ Dated this the 17th day of June, 2009 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.3 in Crime No.118/2009 of Kalpetta Police Station. 2. The offences alleged against the petitioner are under Sections 366A, 342, 372, 373, 376(g) and 377 read with Section 34 of the Indian Penal Code. 3. I have gone the case diary. The victim had given statement on 1/05/2009 and 2/05/2009. The learned counsel for the petitioner submitted that though the statement given by the girl would indicate that accused Nos. 1 and 2 committed rape on her, there is nothing to indicate that the petitioner has committed the offence. In the last para of the statement given by the victim, it is stated that she has grievance against the 3rd accused for arranging her to accused Nos.1 and 2. It is not necessary to consider the contention put forward by the petitioner for the purpose of disposal of this Bail Application. It is submitted that the petitioner belongs to Chavakkad and the girl belongs to B.A. No. 3157/2009 2 Waynad. According to the petitioner, there is no reason to apprehend that if he is released on bail, the petitioner would try to influence or intimidate the witnesses. The petitioner was arrested on 4/05/2009 and he is in judicial custody. 4. 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. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Chief Judicial Magistrate, Kalpetta 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, 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. 3157/2009 3 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