IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8820 of 2011() ----------------------------- CRIME NO.664 OF 2011 OF MUNNAR POLICE STATION, IDUKKI DT. .................... PETITIONER ------------------------------ JAIMON,AGED 34 YEARS, S/O.LALU,PALLINADAYIL HOUSE, VADAKKEKARA MURI,KUMARAMPEROOR, CHITTAR-SEETHATHODE VILLAGE,RANNI TALUK, PATHANAMTHITTA DISTRICT,PRESENTLY RESIDING AT IRUTTUKANAM KARA,ANAVIRATTY VILLAGE,DEVIKULAM TALU BY ADV. SRI.R.MANOJ SMT.SINDHU MANOJ SMT.SUSAN MATHEW RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY P.P.SRI.TK.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 8820 OF 2011 --------------------------------- Dated this the 2nd day of November , 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.664 of 2011 of Munnar Police Station, Idukki District. 2.The offences alleged against the petitioner are under Section 376 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3.The prosecution case is that on promising to marry the defacto complainant, the accused sexually exploited her on 2.7.2011 at Munnar and on 4.7.2011 at Rajapalayam. Later, it was revealed that the accused was not a bachelor, but a married man. First Information Report was lodged only B.A.No. 8820 OF 2011 2 on 29.9.2011. The petitioner was arrested on 30.9.2011 and he was remanded to judicial custody. 4.Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 5.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. 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 Judicial Magistrate of the First Class, Devikulam, 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 , till the final report is filed or until further orders. B) The petitioner shall appear before the B.A.No. 8820 OF 2011 3 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) The petitioner shall cooperate with the investigating officer in the matter of investigation. F) 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 cms