IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 Bail Appl..No. 9578 of 2011() ----------------------------- CRIME NO.1906/2011 OF KOCHI CUSBA POLICE STATION PETITIONER/ACCUSED ---------------------------- SASI, AGED 40 YEARS, S/O.DASAN, PAZHEKATTIL HOUSE, NEAR ACQUINAS COLLEGE, EDAKOCHI. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO.1906/2011 OF KOCHI CUSBA POLICE STATION, ERNAKULAM DISTRICT). 2. SUB INSPECTOR OF POLICE, KOCHI CASBA POLICE STATION, (CRIME NO.1906/11 OF KOCHI CASBA POLICE STATION, ERNAKULAM DISTRICT), PIN-682001. PUBLIC PROSECUTOR SRI.TOM JOSE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9578 of 2011 --------------------------- Dated this the 7th day of December, 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.1906 of 2011 of Kochi Cusba Police Station, Ernakulam District. 2. The offence alleged against the petitioner is under Section 376(2) (f) of the Indian Penal Code. 3. The victim is a girl, aged below 12 years. It is alleged that she was sexually exploited by the petitioner on various occasions in 2010. The petitioner was arrested on 10.9.2011 and he was remanded to judicial custody. 4. After completing the investigation, final report was filed on 25.10.2011. 5. Taking into account the facts and circumstances of BA 9578/11 2 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. 6. The petitioner shall be released on bail 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 court having jurisdiction, subject to the following conditions: A) The petitioner shall not enter into the limits of Kochi Kasaba Police Station for a period of two months except for the purpose of appearing before court ; 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; 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