IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 Bail Appl..No. 6701 of 2011 CMP.4761/2011 OF J.M.F.C.-I, HOSDRUG CRIME NO.237 OF 2011 OF RAJAPURAM POLICE STATION, KASARAGOD. PETITIONER/ACCUSED NO.1 ------------------------------------------- RENIL VARGHESE, AGED 27 YEARS, S/O.VARGHESE, KOLOCHAL, KOLOCHAL P.O., KASARAGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6701 OF 2011 ------------------------------------------------------ Dated this the 24th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.237 of 2011 of Rajapuram Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 354 and 376 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following: On 17.6.2011 at about 4.15 P.M., at the request of accused No.2, with whom the victim was having acquaintance, the victim came near a cinema theatre. The second accused then took her to the rear side of the theatre and promised that he would marry her. It is also alleged that he outraged the modesty of the victim. At that time, the first accused came there and forcibly took the victim inside the theatre and committed rape. BAIL APPL. NO.6701 OF 2011 :: 2 :: 4. The petitioner was arrested on 29.6.2011 and he was remanded to judicial custody. 5. B.A.No.5912 of 2011 filed by the petitioner was dismissed by the order dated 26.7.2011. The investigation has progressed much thereafter. 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 Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, 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 a period of two months and thereafter, on all Mondays; BAIL APPL. NO.6701 OF 2011 :: 3 :: b) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class I, Hosdurg. If the petitioner does not have a Passport, an affidavit to that effect shall be filed before the learned Magistrate; c) The petitioner shall not enter into the Police Station limits of Rajapuram Police Station for a period of two months; d) The petitioner shall appear before the investigating officer for interrogation as and when required; 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 ahz/