IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 Bail Appl..No. 909 of 2010() -------------------------------- CMP.445/2010 of J.M.F.C.-II,HOSDRUG CRIME NO. 65/2010 OF BAKEL POLICE STATION, KASARAGOD .................... PETITIONER/ACCUSED : --------------------------- A.KRISHNAN, S/O.KUNHAMBU, KALLIOT, PERIYA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, BAKEL POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.909 of 2010 ------------------------------------ Dated this the 1st day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 65/2010 of Bakel Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that on 24.01.2010, while the de facto complainant aged 36 years was returning after the meeting of Kudumbasree, she was raped by the accused. The petitioner was arrested on 02.02.2010 and he was remanded to judicial custody. 4. 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 on stringent conditions. B.A. No.909 of 2010 2 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Hosdurg 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 two months and thereafter on Mondays, 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 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 ln