IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Bail Appl..No. 7156 of 2009() ----------------------------- CRIME NO.666/2009 OF KASARAGOD POLICE STATION .................... PETITIONER/ACCUSED --------------------------------------- SWAMI @ RAVIRAJBHAT P. (A6), S/O. PADMANABHA BHAT, INDAJE HOUSE, SULLIAPPADAVU, PADAVANNUR VILLAGE, PUTTUR TALUK, KARNATAKA STATE. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7156 of 2009 --------------------------------------------- Dated this the 8th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.6 in Crime No.666 of 2009 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 366A, 376, 511 of 376 and 109 read with Section 34 of the Indian Penal Code and Sections 3(1)(xi) & (xii) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The victim girl was aged only 16 years at the relevant time. The allegation is that one Ayisha, the fifth accused procured that girl and she was taken to various places. The petitioner, who was working as a Poojari in a temple in Malappuram District had contact with Ayisha. She made arrangements for the contact between the petitioner and the victim. The allegation is that the petitioner committed rape on the victim in a lodge in Mangalore. It is also alleged that though another accused tried to commit rape on the victim on an earlier BA No.7156/2009 2 occasion, he was not successful in that attempt. The petitioner was arrested on 7.10.2009 and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that the petitioner is not involved in any other offence and that he is prepared to comply with any condition that may be imposed by the court. 5. Taking into account the facts and circumstances of the case, the nature of the offence, the present stage of investigation and the fact that the petitioner is in judicial custody for more than 60 days, 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.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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; BA No.7156/2009 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 csl