IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 Bail Appl..No. 7608 of 2008() ----------------------------- CMP.5265/2008 IN CRIME NO.463/08 OF CHEVAYUR POLICE STATION .................... PETITIONER : ACCUSED ------------------------------------ BABU, S/O.IMBICHIRAMAN KULIRMA, MAMMILITHAZHAM, PAROPPADI, KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA. THROUGH THE SUB INSPECTOR OF POLICE CHEVAYUR POLICE STATION REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7608 of 2008 --------------------------------------------- Dated this the 18th December, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 376 IPC. According to prosecution, petitioner sexually assaulted minor daughter of the defacto complainant against the order of nature, which will attract offence under Section 376 IPC. 3. Learned counsel for petitioner submitted that offence committed is only under Section 354 IPC. Petitioner is in custody from 13.11.2008 onwards. 4. Learned public prosecutor submitted that though the fact is disputed, he has no objection in granting bail on conditions, taking into consideration the stage of investigation. 5. On hearing both sides, I am satisfied that bail can be granted to the petitioner on conditions. Hence, bail is granted on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.25,000/- with BA No.7608/2008 2 two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. to 1 p.m. until further orders. (iii) Petitioner shall not enter the limits of police station within which crime is registered except for compliance of direction in clause (ii) above. (iv) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl