IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Bail Appl..No. 9180 of 2011() ----------------------------- CRIME NO.647/11 OF NOORNADU POLICE STATION, ALAPPUZHA .................... PETITIONER : ACCUSED ------------------------------ AYUB KHAN @ SHAMEER, THALAKKOTTU PUTHEN PURAYIL, AADHIKATTUKULANGARA,PALAMEL VILLAGE BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA THROUGH SUB INSPECTOR, NOORNADU POLICE STATION PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9180 of 2011 --------------------------- Dated this the 11th day of November, 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.647 of 2011 of Noornadu Police Station, Alappuzha District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The petitioner is the driver in a private bus. The victim girl is aged 16 years. She is studying in plus two class. They are neighbours. It is alleged that the petitioner sexually exploited the girl on two occasions, on one occasion at his residence and on another occasion in a parked car. 4. The petitioner was arrested on 24.9.2011 and he was remanded to judicial custody. BA 9180/11 2 5. The learned counsel for the petitioner submitted that the victim and the petitioner are neighbours. They belong to the same community. The petitioner is prepared to marry the victim. 6. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused case diary. 7. 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 the present stage of investigation, 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-II, Mavelikkara, 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; BA 9180/11 3 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 as above. K.T.SANKARAN JUDGE csl