IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Bail Appl..No. 3625 of 2010() ----------------------------------------- CR. NO.236/2010 OF KUMILY POLICE STATION, IDUKKI DISTRICT. ................... PETITIONER/ACCUSED --------------------------------- RICHARD EBANEZAR, S/O.JOYAL JURAI, 27, B RANGEOFFICERMEDU, CUMBAM. BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENT/COMPLAINANT -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, KUMILY, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/07/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.HEMA, J. ------------------ B.A. No. 3625 of 2010 ------------------------------------ Dated this the 1st day of July, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 506(1) and 376 of the Indian Penal Code. According to prosecution, on 09.04.2010 at about 11 P.M., petitioner committed rape on the daughter of the de facto complainant. The rape was committed again twice on 28.04.2010. She was also criminally intimidated. The victim is aged 14 years. 3. Learned counsel for petitioner submitted that the allegations made by the alleged victim is highly improbable. The victim is inmate of the Orphanage, run by petitioner's father. Petitioner had undergone a major surgery and removed his gall bladder and he is in custody for the past 52 days. 4. This petition is not opposed. Learned Public Prosecutor submitted that there is nothing in the case diary to show that this is a false case. The victim is aged only 14 years. The incident did not occur in Orphanage, but it was from a hostel which is run by petitioner's father. Petitioner was a theological B.A. No. 3625 / 2010 2 student and he is married also. However, taking into consideration and stage of investigation, he has no objection in granting bail but stringent conditions may be imposed, it is submitted. 4. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday, between 10 A.M. and 1 P.M. ii) Petitioner shall not leave the limits of the police station within which the crime is registered, except with prior permission of the learned Magistrate. iii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln