IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Bail Appl..No. 6086 of 2011() ----------------------------- CRMP.221/2011 of DISTRICT COURT, PALAKKAD CRMP.2911/2011 of J.M.F.C.,ALATHUR CRIME NO.212/2011 OF NEMMARA POLICE STATION PALAKKAD DISTRICT .................... PETITIONER/ACCUSED --------------------- SAKKIR HUSSAIN @ SAKKIR, S/O.MOOSAKUTTY, AGED 33 YEARS, MANNAN KULAMBU, ADIPPERANDATHARA, KAYARADY, PALAKKAD DISTRICT. BY ADV. SRI.P.K.MOHANAN(PALAKKAD) RESPONDENT : COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6086 of 2011 ---------------------------------------------- Dated this the 01st day of August, 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.212 of 2011 of Nemmara Police Station, Palakkad District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The date of occurrence was on 22/01/2010. The petitioner was arrested on 01/07/2011. The prosecution case is that the de facto complainant and the accused fell in love with each other and the accused promised to marry her. They had sexual relationship. The de facto complainant became pregnant and delivered of a child. It is alleged that the sexual contact was without her consent and against her Will. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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. Bail Appln.No.6086/2011 : 2 : 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, Alathur, 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 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