IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 Bail Appl..No. 440 of 2010(B) ---------------------------------------- (CRIME NO.6/2010 OF MANGALAPURAM POLICE STATION, TIRUVANANTHAPURAM DISTRICT) .............. PETITIONER/ACCUSED(IN CUSTODY): ------------------------------------------------------- SHAIJU, S/O.SIVADASAN, SHIBU NIVAS, THOTTAVARAM, ATTINGAL. BY ADV. MR.LIJU. M.P. RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 440 of 2010 ----------------------------- Dated this the 5th day of February, 2010 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.6 of 2010 of Mangalapuram Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Section 376 of the Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The prosecution case is that the petitioner developed intimacy with the victim, a 20 year old girl belonging to Scheduled Caste, making her believe that he was unmarried. They started residing together from 23/11/2009 to 3/1/2010. On 3/1/2010, the victim realised that the petitioner is a married man. She informed her parents. She reported the matter to the police and the crime was registered. The petitioner was arrested on 8/1/2010. 4. The learned counsel for the petitioner submitted that B.A. No. 440/2010 2 the wife of the petitioner is residing separately for the last about 3 years and that the petitioner and his wife had agreed to file a petition under Section 13B of the Hindu Marriage Act, before the Family Court. It is submitted that the disputes regarding properties and maintenance are to be settled before filing the application under Section 13B of the Hindu Marriage Act. It is also submitted that the petitioner intends to marry the victim and that the victim also very much wants such a marital relationship. These submissions are recorded. 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. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/-with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Attingal 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.A. No. 440/2010 3 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