IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5826 of 2009() ----------------------------- CRIME NO.976 OF 2009 OF KUNDARA POLICE STATION, KOLLAM PETITIONER: ACCUSED: -------------------- PRAJEESH KUMAR, S/O. K.P. RAVI, PRADEESH SADANAM, CHOKKANKUZHI, MULAVANA CHERRY, MULAVANA VILLAGE, KOLLAM DIST. BY ADV. SRI.C.RAJENDRAN RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REP. BY THE S.I. OF POLICE, KUNDARA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5826 of 2009 --------------------------------------------- Dated this the 12th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.976 of 2009 of Kundara Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 376 and 323 of the Indian Penal Code. 3. The defacto complainant is aged 37 years. Her second husband is working abroad. She was employed in Gujarat for sometime. When she came back, she started living in the house of one K.P.Ravi as her house was uninhabitable. The accused is the son of K.P.Ravi. The allegation is that he had sexual intercourse with the defacto complainant on several occasions. She became pregnant. The allegation is that the petitioner had committed the offence during the period from 19.7.2009 to 24.8.2009. The petitioner was arrested on 20.9.2009 and he was remanded to judicial custody. 4. Taking into account the facts and circumstances of the BA No.5826/2009 2 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. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kollam, 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; 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 csl