IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 Bail Appl..No. 568 of 2010(C) ---------------------------------------- (CRIME NO.29/2010 OF THE TIRUR POLICE STATION, MALAPPURAM DISTRICT) .................... PETITIONER/ACCUSED(PRESENTLY UNDER CUSTODY): --------------------------------------------------------------------------------- SULAIMAN @ KUNCHIMON, AGED 27 YEARS, S/O.MOIDEEN BAVA, CHOCKANTE PURAKKAL HOUSE, KOOTTAYI.P.O, TIRUR, MALAPPURAM. BY ADVS. MR.C.V.MANUVILSAN, MR.P.G.SURESH, SMT.K.VIDYA, MR. M.R.VIBIN. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OC POLICE, TIRUR, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 568 of 2010 ------------------------------------ Dated this the 8th day of February, 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. 29/2010 of Tirur Police Station, Malappuram District. 2. The offences alleged against the petitioner are under Sections 376 and 506(i) of the Indian Penal Code. 3. The de facto complainant filed a complaint dated 07.01.2010 before the Court of the Judicial Magistrate of the First Class, Tirur, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. The case of the de facto complainant is that while studying for plus two, she got acquaintance with the accused, who was a conductor in a private bus. Promising to marry the de facto complainant and also threatening that her photographs with him would be published, she was subjected to forcible sex on different occasions. B.A. No. 568 of 2010 2 5. The petitioner was arrested on 18.01.2010. The learned Magistrate dismissed the Bail Application filed by the petitioner. The petitioner approached the Sessions Court for bail. His application was dismissed on 22.01.2010. 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. 7. 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, Tirur subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on every Monday, 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 limits of Tirur Police Station for a period of two months, except for complying with conditions A and B. B.A. No. 568 of 2010 3 D) The petitioner shall surrender his passport before the Court of the Judicial Magistrate of the First Class, Tirur within one week from the date of release on bail. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. E) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. F) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. G) 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