IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 Bail Appl..No. 974 of 2010() ---------------------------- CRIME NO.577/2009 OF PALODE POLICE STATION, TRIVANDRUM DT. .................... PETITIONER : ACCUSED ------------------------------------ RATHEESH @ MOTTA RATHEESH S/O.MOHANAN NAIR, RATHEESH BHAVAN KADUVACHIRA, KALANKAVU, ANADU MURI, KURUPUZHA VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT(S): --------------- STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.974 of 2010 --------------------------------------------- Dated this the 19th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.577 of 2009 of Palode Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 376 and 417 of the Indian Penal Code and Section 66E of the Information Technology Act. 3. The prosecution case is that the accused subjected the de facto complainant, a widow, to forceful sexual intercourse on several occasions after compelling her to consume alcohol. It is also alleged that the accused promised to marry her, but later he manhandled her when she requested to marry her. It is also alleged that after compelling the de facto complainant to consume alcohol, her nude photographs were taken by the petitioner. He threatened to publicise the same. 4. The petitioner was arrested on 14.12.2009 and he was remanded to judicial custody. The investigation of the case is in BA No.974/2010 2 progress. The petitioner moved a Bail Application before the learned Sessions Judge, which was dismissed by the learned Sessions Judge as per the order dated 14.1.2010. The learned Sessions Judge held that if the petitioner is released on bail, he is likely to influence or intimidate the witnesses. 5. Bail Application No.323 of 2010 filed by the petitioner was dismissed by this Court as per the order dated 27th January, 2010. However, it was made clear in that order that the petitioner would have liberty to move again for bail after two weeks. Accordingly, the petitioner has filed this application for bail. 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 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-I, Nedumangad, subject to the following conditions: BA No.974/2010 3 a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all 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 enter into the Palode Police Station limits for a period of three months except for complying with conditions (a) and (b); d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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