IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 9356 of 2011() ----------------------------- CRMP.3490/2011 of DISTRICT COURT, KOTTAYAM CRIME NO.838/2011 OF KOTTAYAM WEST POLICE STATION .................... PETITIONER : ACCUSED : ---------------------- SOORAJ.P.S., S/O.P.S.SASIKUMAR, PERICHERIL HOUSE, KEEZHAMPARA KARA, MELAMPARA P.O., THALAPPALAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.V.AJITH KUMAR RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSEUCTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION, KOTTAYAM-686 001. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9356 of 2011 ---------------------------------------------- Dated this the 28th 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.838 of 2011 of Kottayam West Police Station. 2. The offences alleged against the petitioner are under Sections 376 of the Indian Penal Code and Sections 66-A(a) and 66-E(a) of the Information Technology Act. 3. The prosecution case is the following:- The victim and the petitioner fell in love through Internet chatting and promising to marry her, the petitioner took the girl on 03/12/2010 to Kollur in Karnataka State. On 04/12/2010, she was sexually exploited by the accused. On 05/12/2010, she was sent to Kottayam in a bus. The petitioner did not marry her. The petitioner sent the obscene images of the victim and that of the petitioner to her mother through E-mail. 4. The petitioner was arrested on 07/10/2011 and he was remanded to judicial custody. Bail Appln.No.9356/2011 : 2 : 5. The learned counsel for the petitioner submitted that custody of the petitioner was given to the police from 07/10/2011 to 15/10/2011. 6. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also carefully perused the case diary. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 8. 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-III, Kottayam, 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; Bail Appln.No.9356/2011 : 3 : 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) 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 skj