IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 Bail Appl..No. 2754 of 2009() ----------------------------------- CMP.3229/2009 of J.M.F.C.-II,NEYYATTINKARA CRIME NO.55/2009 OF VELLARADA POLICE STATION .................... PETITIONER/ACCUSED : ---------------------------- JOHN POUL, AGED 25 YEARS, S/O.JANASIKHAMONY, G.S.BHAVAN, KARIMADOM COLONY, KARAMMOODU, VELLARADA DESOM, NEYYATTINKARA. BY ADV. SRI.BLAZE K.JOSE RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, VELLARADA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2754 of 2009 ------------------------------------ Dated this the 22nd day of May, 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. 55/2009 of Vellarada Police Station. 2. The offences alleged against the petitioner are under Sections 376 and 366A of the Indian Penal Code. 3. The prosecution case is that the petitioner pretending love, enticed Anusha, the daughter of the defacto complainant and took her to Kanchipuram and lived there for one month and committed rape on her. The petitioner was arrested on 18/03/2009. The investigation of the case is not over. 4. Learned Public Prosecutor submitted that in the facts and circumstance of the case, the petitioner may be released on bail on stringent conditions. 5. 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. B.A. No. 2754/2009 2 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-III, Neyyattinkara 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 scm