IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 Bail Appl..No. 6003 of 2009() -------------------------------------- CRIME NO.328/2009 OF KOTTARAKARA POLICE STATION. ......... PETITIONER (S): ACCUSED: ---------------------------- JAMES @ VAVA, S/O.SILVESTER, VIMALALAYAM, MANAKKARA P.O., SASTHAMKOTTA, KOLLAM DISTRICT. BY ADVS.MR.PREMCHAND R.NAIR MR.TOJAN J. VATHIKULAM MRBEPIN PAUL RESPONDENT(S): COMPLAINANT: --------------------------- 1. STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, KOTTARAKARA POLICE STATION, REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. JASINI, D/O.PRASSANA, (MINOR) REPRESENTED BY HER FATHER, SREEDHARAN, S/O.GOPALAKRISHNAN, PRESENTLY RESIDING AT MANIYAMMA'S RESIDENCE, NEELASWARAM P.O., KOTTARAKARA, FROM JASMINI BHAVANAM, VELIYOM VILLAGE, MALAYIL, KOTTARAKARA, KOLLAM. PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6003 of 2009 ------------------------------------ Dated this the 3rd day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.328/2009 of Kottarakara Police Station. 2. The offences alleged against the petitioner are under Sections 363 and 376 of the Indian Penal Code. 3. It is submitted that in the statement given by the victim girl under Section 164 of the Code of Criminal Procedure, she has stated that she has no complaint against the petitioner herein. 4. When the Bail Application came up for hearing on 16.10.2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the B.A. No. 6003 of 2009 2 petitioner to appear before the investigating officer at 9 A.M. on 22nd and 23rd October, 2009. Post on 28.10.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No. 328/2009 of Kottarakara Police Station. Hand over copy of this order to both sides.” 5. It is submitted by the learned counsel for the petitioner and the learned Public prosecutor that the petitioner has complied with the directions in the order dated 16.10.2009. 6. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs. 15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 6003 of 2009 3 A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on all alternate 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 to the extent indicated above. K.T. SANKARAN, JUDGE ln