IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 Bail Appl..No. 4306 of 2009() ----------------------------- CRIME NO.46/2009 OF ARALAM POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- PADINHARAYIL RENNI @ PAPPACHAN, S/O.PAULOSE, AGED 26 YEARS, PADINHARAYIL HOUSE, KELAKAM AMSOM, DESOM, THALASSERY TALUK. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATION HOUSE OFFICER, ARALAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4306 of 2009 --------------------------------------------- Dated this the 5th day of August, 2009 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.46 of 2009 of Aralam Police Station. 2. The offences alleged against the petitioner are under Section 376 of the Indian Penal Code and Section 3(1)(xii) of Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act. 3. I have perused the case diary. 4. The case of the defacto complainant is that she was in love with the accused for the last three years and the petitioner had sexual intercourse with her on the assurance that he would marry her. The petitioner was arrested on 30.6.2009 and he is in judicial custody since then. 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 investigation, I am of the view that bail can be granted to the BA No.4306/2009 2 petitioner. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Mattannur, 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, 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; 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 csl