IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No. 2874 of 2008 ( ) ----------------------------- CRIME NO.32/08 OF IRITTY POLICE STATION .................... PETITIONER/ACCUSED --------------------------- A.P.VINOD, AGED.30 YEARS, S/O.PANKAJAKSHAN NAIR, ALAPPAT HOUSE, KEEZHUR AMSOM, PUNNAD DESOM, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENTS: COMPLAINANT/STATE --------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, IRITTY POLICE STATION. 2. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ B. A. No.2874 of 2008 ------------------------------------------------ Dated this the 6th day of May, 2008 ORDER This is an application for bail under Section 439 of the Cr.P.C. Petitioner is accused in Crime No.32/08 of Iritty Police Station registered for offence under Sections 450 and 376 IPC on the allegation that he trespassed into the house of the de facto complainant and committed rape on her at 15 hours on 20/01/08. He surrendered before court on 18/03/08 and is in custody thereafter as his applications for bail were dismissed by the Sessions Judge respectively by Annexures I to III orders dated respectively 15/03/08, 07/04/08 and 21/04/08. Considering the period of detention already undergone by the petitioner, I am of the view that the petitioner can be enlarged on bail imposing necessary conditions. In the result, allowing this application, I grant bail to the petitioner on his executing bail bond for Rs.25,000/- with two solvent sureties each for the like sums to the satisfaction of the Magistrate concerned. On such release, the petitioner shall appear before the B. A. No.2874 of 2008 -2- Investigating Officer between 10 a.m. and 12 noon on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. On release, the petitioner shall not get himself involved in commission of any offence, shall not influence or intimidate witnesses in the case and shall not, except for the purpose of appearing before the Investigating Officer, if need be, move beyond the territorial limits of the town in which he is having his permanent residence, the details of which shall be furnished to the Court and to the Investigating Officer immediately on release on bail. K.P.BALACHANDRAN, JUDGE kns/-