IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Bail Appl..No. 8959 of 2011 CRIME NO.1056 OF 2011 OF CHADAYAMANGALAM POLICE STATION PETITIONER: ACCUSED: -------------------- SAJIN, S/O.SHAJAHAN, SAJIN NIVAS NETTAYAM NILAMEL MURI, NILAMEL VILLAGE KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS: COMPLAINANT: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTION HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE CHADAYAMANGALAM POLICE STATION KOTTARAKARA,KOLLAM DISTRICT-691 601. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.8959 OF 2011 ------------------------------------------------------ Dated this the 3rd day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.1056 of 2011 of Chadayamangalam Police Station. 2. The offences alleged against the petitioner are under Sections 366A, 376 of the Indian Penal Code and Section 3(1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The victim girl, aged 15 years, belonging to a Scheduled Caste was found missing in the evening on 7.9.2011. Her father reported the matter to the police on 8.9.2011. The allegation is that the petitioner, an autorickshaw driver, enticed the girl, took her to various places, took room in a lodge and sexually exploited her on several occasions. The petitioner was arrested on 14.9.2011 and he was remanded to judicial custody. BAIL APPL. NO.8959 OF 2011 :: 2 :: 4. Bail Application No.8530 of 2011 filed by the petitioner was dismissed by the order dated 21.10.2011. Investigation has progressed much thereafter. However, it is submitted by the learned Public Prosecutor that the investigation is not complete. 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, however, only with effect from 14.11.2011. 6. The petitioner shall be released on bail only on 14.11.2011 on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Kottarakara, 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; BAIL APPL. NO.8959 OF 2011 :: 3 :: 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 ahz/