IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Bail Appl..No. 391 of 2010() ---------------------------- Cr.NO.258/09 OF SREEKANDAPURAM POLICE STATION PETITIONER/ACCUSED NO.2 ------------------------------------------- SIBI,S/O.CHACKO,AGED 39 YEARS, PLATHOTTATHIL HOUSE, VILAKKANNUR,NADUVIL.P.O, NADUVIL AMSOM,KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): COMPLAINANT -------------------------- STATE,THROUGH THE STATION HOUSE OFFICER, SREEKANDAPURAM POLICE STATION,KANNUR DISTRICT, (CRIME NO. 258/09 OF SREEKANDAPURAM POLICE STATION,KANNUR DISTRICT),REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.391 of 2010 --------------------------------------------- Dated this the 28th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Cr.No.258 of 2009 of Sreekandapuram Police Station, Kannur District. 2. The offences alleged against the petitioner are under Sections 376 and 366A of the Indian Penal Code. 3. The victim girl was aged only fifteen years at the relevant time. Heard the learned counsel for the petitioner and the learned Public Prosecutor. It is submitted by the learned Public Prosecutor that medical examination reveals that the girl had slight mental retardation. The allegation is that exploiting the mental condition of the victim, several persons of the locality sexually exploited her and committed the offence. It is submitted that there are eleven accused persons in the case. 4. The petitioner was arrested on 29.11.2009. He was remanded to judicial custody. BA No.391/2010 2 5. Taking into account the facts and circumstances of the case and duration of the judicial custody undergone by the petitioner, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thaliparamba, 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, 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 enter into the limits of Kannur District for a period of two months except for complying with conditions (a) and (b); d) The petitioner shall surrender his passport before the Court of the Judicial Magistrate of the First Class, Thaliparamba within one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week; e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BA No.391/2010 3 g) 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