IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Bail Appl..No. 7530 of 2011() ----------------------------- CRIME NO.850/2011 OF KOTHAMANGALAM POLICE STATION .................... PETITIONER (S): ACCUSED --------------------------- VARGHESE, AGED 60 YEARS, S/O. MARKOSE, KUZHAKKEKUDY KALLAD 3 CENT COLONY, CHELAD, KOTHAMANGALAM. BY ADV. SRI.P.V.ELIAS RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSEUCUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2. S.I OF POLICE, KOTHAMANGALAM POLICE STATION, PIN 689 641. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7530 of 2011 --------------------------- Dated this the 22nd day of September, 2011 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.850 of 2011 of Kothamangalam Police Station. 2. The offences alleged against the petitioner are under Sections 450 and Section 511 of Section 376 of the Indian Penal Code. 3. The prosecution case is that on 25.7.2011, the petitioner trespassed into the house of the victim and attempted to commit rape. The petitioner was arrested on 27.7.2011. The petitioner is aged 60 years and the victim is aged 76 years. 4. After completing the investigation, charge sheet was filed on 30.8.2011. BA 7530/2011 2 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 6. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kothamangalam, subject to the following conditions: a) The petitioner shall not enter into the limits of Kothamangalam Police Station for a period of two months ; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; BA 7530/2011 3 d) 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 csl