IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 Bail Appl..No. 978 of 2010() --------------------------------- CMP.460/2010 of J.M.F.C.,NEDUMKANDOM CRIME NO. 28/2010 OF NEDUMKANDAM POLICE STATION .................... PETITIONER/ACCUSED : --------------------------- SANTHOSH,AGED 36 YEARS, S/O.SIVARAMAN, SANTHOSH BHAVAN, SCHOOLMEDU BHAGOM, PULIYANMALA KARA, VANDANMEDU VILLAGE. BY ADVS. SRI.BYJU KURIAKOSE SRI.GEORGE SEBASTIAN RESPONDENT/COMPLAINANT: ----------------------------------- STATION HOUSE OFFICER,NEDUMKANDAM POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S. BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 978 of 2010 ------------------------------ Dated this the 23rd day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.28/2010 of Nedumkandam Police Station, Idukki. 2. The offences alleged against the petitioner are under Sections 376 and 506(i) of the Indian Penal Code and Sections 3(1)(xi) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The prosecution case is that on 24/1/2010 at about 1.30 P.M., the accused, who is a neighbour of the de facto complainant, called her to his house and committed rape. The First Information Statement was lodged on 26/1/2010. The petitioner was arrested on 27/1/2010 and he was remanded to judicial custody. 4. It is submitted that the accused is aged 36 years. He is a married man. The de facto complainant is aged 21 years. The doctor, who examined the de facto complainant, stated that the victim was subjected to sexual intercourse recently and also on B.A. No. 978 / 2010 2 previous occasions. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also carefully perused the Case Diary. 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, Nedumkandam 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 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; B.A. No. 978 / 2010 3 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 scm