IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Bail Appl..No. 9037 of 2011() ----------------------------- CRIME NO.353/2011 OF ADHUR POLICE STATION PETITIONER/ACCUSED: -------------------- BABU.P.K., AGED 28 YEARS, S/O.KAVERI, RESIDING AT KARINKALAMOOLA, P.O.PANDI, ADOOR VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, THROUGH FOREST RANGE OFFICER, KASARAGOD FOREST RANGE, KASARAGOD, REP.BY THE PUBLIC PROSECUTOR. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9037 of 2011 ---------------------------------------------- Dated this the 08th day of November, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.353 of 2011 of Adhur Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that on 15/9/2011 at 10 A.M., while the de facto complainant was alone in her house, the petitioner went there and committed the offence. The victim is aged 44 years and she is a physically handicapped woman. The petitioner was arrested on 17.9.2011 and he was remanded to judicial custody. 4. Bail Application No.8082 of 2011 filed by the petitioner was dismissed by the order dated 11th October, 2011. The investigation has progressed much thereafter. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Bail Appln.No.9037/2011 : 2 : 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 only with effect from 21/11/2011. 6. The petitioner shall be released on bail with effect from 21/11/2011 on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Chief Judicial Magistrate, Kasaragod, 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 and Thursdays for a period of one month and thereafter 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 enter into the limits of Adhur Police Station for a period of one month except for the purpose of complying with conditions 'A' and 'B'. Bail Appln.No.9037/2011 : 3 : D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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 skj True copy P.A. to Judge