IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 Bail Appl..No. 8955 of 2011() ----------------------------- Crime No.555 of 2011 of Balussery Police Station, Kozhikode District. PETITIONER/ACCUSED --------------------------- LINEESH, S/O. VASANTHA, AGED 32 YEARS, PADINHARTECHAMMUKKARA HOUSE, ULLIYERI.P.O, KOZHIKODE DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT): COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, BALUSSERY POLICE STATION, KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8955 OF 2011 --------------------------------- Dated this the 10th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.555 of 2011 of Balussery Police Station, Kozhikode District. 2.The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3.The prosecution case is that the petitioner sexually exploited the defacto complainant, a minor girl, and that she became pregnant. Though she delivered of a child, the prosecution alleges that the child was killed by the father of the defacto complainant. 4. The petitioner was arrested on 15.10.2011 and he B.A.No.8955 OF 2011 2 was remanded to judicial custody. 5. The learned Public Prosecutor submitted that the investigation of the case is not over. The learned Sessions Judge dismissed the application for bail submitted by the petitioner, by the order dated 24th October, 2011, mainly on the ground that some more materials were to be collected by the investigating officer. 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 with effect from 30.11.2011. 7.The petitioner shall be released on bail only on 30.11.2011 on his executing bond for `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, Perambra, subject to the following conditions: B.A.No.8955 OF 2011 3 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 two months and thereafter 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 Police Station limits of Balussery Police Station for two months. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) The petitioner shall cooperate with the investigating officer in the matter of investigation. 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. cms