IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Bail Appl..No. 9905 of 2011() ----------------------------- CRMP.6163/2011 of J.M.F.C.-I,PALAKKAD CRIME NO.584/2011 OF KUZHALMANNAM POLICE STATION, PALAKKAD DT. .................... PETITIONER/ACCUSED -------------------------------------- MANIKANDAN, S/O.CHAMI ASARI, AGED 29 YEARS, PADINJARETHARA, KOTTARAPPADY, KUZHALMANNAM, ALATHUR TALUK. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9905 of 2011 ---------------------------------------------- Dated this the 08th day of December, 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.584 of 2011 of Kuzhalmannam Police Station, Palakkad District. 2. The offences alleged against the petitioner are under Sections 450 and 376 of the Indian Penal Code. 3. The victim is aged 23 years. The victim and the accused are neighbours. The allegation is that the petitioner stealthily entered into the house of the victim during night when she was alone in the house and the petitioner had forceful sex with the victim. He promised to marry her. The victim became pregnant and thereafter he did not honour his promise. 4. The petitioner was arrested on 18/11/2011 and he was remanded to judicial custody. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Bail Appln.No.9905/2011 : 2 : petitioner, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner only with effect from 20/12/2011. 6. The petitioner shall be released on bail with effect from 20/12/2011 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 Judicial Magistrate of the First Class-I, Palakkad, 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 two months and thereafter on 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. Bail Appln.No.9905/2011 : 3 : 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 skj