IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 9336 of 2011 CRIME NO.519 OF 2011 OF ERATTUPETTA POLICE STATION, KOTTAYAM. PETITIONER : ACCUSED: ------------------------------ JOMON JOSEPH, AGED 24 YEARS, S/O.JOSEPH, PARIYARATHIL HOUSE, PLASSANAL P.O.,THALAPPALAM VILLAGE, MELAMPARA KARA, KOTTAYAM DISTRICT. BY ADV. SRI.RAJAGOPAL PADIPPURACKAL RESPONDENTS: STATE/COMPLAINANT: --------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. THE SUB INSPECTOR OF POLICE ERATTUPETTA POLICE STATION, REP.BY LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM BY ADDITIONAL DIRECTOR GENERAL OF PROSECUTION SRI.TOM JOSE PADINJAREKARA. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9336 OF 2011 ------------------------------------------------------ Dated this the 23rd day of November, 2011 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.519 of 2011 of Erattupetta Police Station, Kottayam District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that on 18.8.2011, while the victim, a minor girl aged 16 years, was returning from school, as she was ill, she was taken on his bike by the accused and took her to his house and committed rape. The petitioner was arrested on 8.10.2011 and he is in judicial custody since then. 4. Heard the learned counsel for the petitioner and the learned Additional Director General of Prosecution. I have also perused the case diary. BAIL APPL. NO.9336 OF 2011 :: 2 :: 5. Taking into account the facts and circumstances of the case, I am not inclined to grant bail as on today, as the investigation is not complete. However, I am of the view that bail can be granted to the petitioner with effect from 6.12.2011. 6. The petitioner shall be released on bail only on 6.12.2011 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, Erattupetta, 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 one month 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 try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BAIL APPL. NO.9336 OF 2011 :: 3 :: e) 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/