IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Bail Appl..No. 8021 of 2011 CRIME NO.395/2011 OF KOLLAM WEST POLICE STATION KOLLAM DISTRICT ----------------------------- PETITIONER/ACCUSED ------------------------------ SAJAN GEORGE @ SALAN, AGED 46 YEARS,S/O.GEORGE, VADAKKANEZHATHU VEETTIL,ANGAMALI VILLAGE, ALUVA TALUK,ERNAKULAM DISTRICT. BY ADV. SRI.P.MARTIN JOSE SRI..A.MOHAMMED SIRAJ SRI.PRIJITH.P. SRI. ANEESH JAMES RESPONDENT: --------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 31. PUBLIC PROSECUTOR MR.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MM K.T.SANKARAN, JUDGE --------------------------------------- B.A.No.8021 of 2011 ---------------------------------------- Dated this the 4th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No. 395 of 2011 of Kollam West Police Station. 2. The offence alleged against the petitioner is under Sections 366 - A, 376 (2)(g) read with Section 34 of Indian Penal Code. 3. The petitioner was arrested on 8.8.2011. It is submitted by the learned counsel for the petitioner that though there is allegation that the petitioner and two others took the victim girl to Munnar, there is no case that the petitioner subjected the girl to sexual intercourse. I have perused the remand report dated 9.8.2011. The said report would indicate that the petitioner made an attempt to sexually exploit the victim girl. 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 B.A.No.8021 of 2011 2 investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs. 25,000 (Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Kollam, subject to the following conditions: A) The petitioner shall surrender his passport before the Court of Judicial Magistrate of the First Class II, Kollam. If the petitioner does not hold an Indian passport, an affidavit to that effect shall be filed by the petitioner before the learned Magistrate. B) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for one month, and thereafter on Mondays till the final report is filed or until further orders; C) The petitioner shall appear before the investigating officer for interrogation as and when required; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A.No.8021 of 2011 3 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. sd/- K.T.SANKARAN, JUDGE rkc //True copy// PA to Judge