IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 Bail Appl..No. 5971 of 2011() ----------------------------- CRIME NO.799/2011 OF PALARIVATTOM POLICE STATION PETITONER/ACCUSED -------------------------- REGHUVARAN,AGED 19 YEARS,S/O.ULAHANATHAN NO.12,KOORAVEEDU,THEKKETHERUVU,EKKUDI VILLAGE, ARIYALLOOR DISTRICT,TAMIL NADU,NOW RESIDING AT PACHARICHALIL HOUSE,KUTHUPPADY,THAMMANAM, ERNAKULAM DISTRICT. BY ADV. SRI.P.V.ANILKUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE,PALARIVATTOM POLICE STATION, THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5971 of 2011 --------------------------- Dated this the 9th 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 the sole accused in Crime No.799 of 2011 of Palarivattom Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. 3. The date of occurrence was on 4.5.2011. The petitioner was arrested on 7.5.2011 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that after completing the investigation, final report was filed on 5.8.2011. BA 5971/2011 2 The learned Public Prosecutor also submitted that if the petitioner is released on bail, there is every likelihood of the petitioner making himself scarce. 5. It is submitted by the learned counsel for the petitioner that the petitioner is a coolie and that he is residing with his parents at Thammanam. The petitioner has produced some documents to show that he is a native of Tamil Nadu and that he belongs to a backward community. 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 that the charge was laid, 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 ` 50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Ernakulam, subject to the following conditions: BA 5971/2011 3 A) The petitioner shall report before the SHO, Palarivattom Police Station, between 9 A.M. and 11 A.M. on all Mondays and Thursdays, until the trial of the case is over or until further orders; B) The petitioner shall not leave Ernakulam District without prior intimation in writing to the Assistant commissioner of Police, Ernakulam; 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 sureties shall be persons who own immovable properties in the State of Kerala. The sureties shall produce the title deeds before court and the title deeds shall be kept in court till the disposal of the case. The Bail Application is allowed as above. K.T.SANKARAN JUDGE csl BA 5971/2011 4