IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 Bail Appl..No. 9110 of 2011() ----------------------------- CMP.2443/2011 of J.M.F.C.-II,TRIVANDRUM Crime No.635 of 2011 of Poonthura Police Station, Thiruvananthapuram District. .................... PETITIONER/ACCUSED: -------------------- VINCENT JOSEPH, AGED 41 YEARS S/O.VINCENT, PALLIVILAKOM PURAYIDOM, TC 47/64, MADUVOM, MUTTATHARA, POONTHURA, THIRUVANANTHAPURAM. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING THE SI OF POLICE POONTHURA POLICE STATION. BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.9110 OF 2011 --------------------------------- Dated this the 9th day of November , 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.635 of 2011 of Poonthura Police Station, Thiruvananthapuram District. 2.The offences alleged against the petitioner are under Sections 366 and 376 of the Indian Penal Code. 3.The prosecution case is that on 23.8.2011 and on three occasions prior to that the accused sexually exploited the victims aged 12 years and 13 years at their house, and in a lodge at Kanyakumari. The mother of the victims is no more. Their father married another woman. The victims are staying along with the elder sister of the mother. The accused is a relative of the victims. B.A.No. 9110 OF 2011 2 4.The petitioner was arrested on 24.8.2011 and he was remanded to judicial custody. 5. The learned senior counsel appearing for the petitioner produced the statements given by the victims before the learned Magistrate under Section 164 of the Code of Criminal Procedure. It is submitted that in those statements, the victims do not support the case of the prosecution. 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 the present stage of investigation, 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 `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-II, Thiruvananthapuram, subject to the following conditions: B.A.No. 9110 OF 2011 3 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 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