IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 Bail Appl..No. 738 of 2010() --------------------------------------- CRIME NO.17/2010 OF CUMBUMMETTU POLICE STATION, IDUKKI DISTRCIT. .................... PETITIONER/ACCUSED --------------------------------- THOMAS @ RARICHAN, AGED 41 YEARS, S/O. ABRAHAM, KOCHUKEZHAKKETHIL HOUSE, JOYKADA BHAGOM, CHALAKKUDYMEDU KARA, KARUNAPURAM VILLAGE. BY ADV. MR.S.RAJEEV RESPONDENT/STATE ------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 17/2010 OF CUMBUMMETTU POLICE STATION). BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 738 of 2010 ---------------------------------- Dated this the 11th day of February, 2010 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. 17/2010 of Cumbummettu Police Station, Idukki. 2. The offences alleged against the petitioner are under Sections 452 and 511 of 376 of the Indian Penal Code. 3. The prosecution case is that on 21/1/2010 at 10 A.M., the petitioner unlawfully entered into the house of the de facto complainant, a woman aged 31 years and attempted to commit the offence under Section 376 of the Indian Penal Code. 4. The learned counsel for the petitioner submitted that the case was foisted against the petitioner. The petitioner had lent money to the de facto complainant and when the petitioner insisted on repayment of the amount, the case was foisted against the petitioner. 5. The learned Public Prosecutor submitted that after completing the investigation, charge sheet was filed in the case. The learned Public Prosecutor also submitted that the contention B.A. No. 738 /2010 2 of the petitioner that the case was foisted against him is not correct. The victim tried to escape by biting the accused and the Medical Officer has noted the bite mark on the shoulder of the petitioner. 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 also the fact that charge was filed in the case, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Nedumkandam subject to the following conditions:- A) The petitioner shall report before the Station House Officer, Cumbummettu Police Station between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter on Mondays, until further orders. 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. B.A. No. 738 /2010 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 scm