IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 Bail Appl..No. 9217 of 2011() ----------------------------- CRIME NO.843/2011 OF ANCHAL POLICE STATION, KOLLAM PETITIONER/ACCUSED : -------------------------- NAZAR, AGED 35 YEARS, S/O.LATE ABDUL RASHEED, THEKKEKAYIKKARA PURAYIDAM, SNEHATHEERAM NAGAR, MUDAKKARA, KOLLAM VILLAGE, KOLLAM. BY ADV. SRI.BIMAL K.NATH RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9217 of 2011 --------------------------- Dated this the 16th 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.843 of 2011 of Anchal Police Station, Kollam District. 2. The offences alleged against the petitioner are under Section 376 of the Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The prosecution case is that the petitioner sexually abused the victim, who belongs to a Scheduled Caste, promising to marry her. She became pregnant. However, it was revealed that the petitioner had really impersonated as Sreelal, while in fact he was Nazar. BA 9217/11 2 4. The petitioner was arrested on 3.9.2011 and he was remanded to judicial custody. 5. Bail Application No.7799 of 2011 filed by the petitioner was dismissed by the order dated 24th October, 2011. The investigation has progressed thereafter. 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. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Punalur, 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 one month and thereafter on all Mondays, till the final report is filed or until further orders; BA 9217/11 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 csl