IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 Bail Appl..No. 7630 of 2011 CRIME NO.214 OF 2011 OF VAZHAKKULAM POLICE STATION NOW PENDING AS C.P.NO.10 OF 2011 OF JFCM MUVATTUPUZHA. PETITIONER/ACCUSED -------------------------------------- BIJU, S/O. JOSE, AGED 36 YEARS, KOLLAMKANDATHIL VEEDU, KAPPU KARA, MANJALLOOR VILLAGE. BY ADV. SRI.BYJU KURIAKOSE SRI.GEORGE SEBASTIAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7630 OF 2011 ------------------------------------------------------ Dated this the 28th day of September, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.214 of 2011 of Vazhakkulam Police Station. 2. The offence alleged against the petitioner is under Section 511 of Section 376 of the Indian Penal Code. 3. The victim is the 12 year old daughter of the accused. The prosecution case is that for the last several years, the petitioner was making sexual advances towards his daughter and he attempted to commit the offence under Section 376 of the Indian Penal Code. The petitioner was arrested on 13.5.2011 and he was remanded to judicial custody. 4. B.A.No.5749 of 2011 filed by the petitioner was dismissed as per the order dated 21.7.2011. At that time, charge sheet was BAIL APPL. NO.7630 OF 2011 :: 2 :: filed, but an application was filed by the investigating officer for further investigation under Section 173(8) of the Code of Criminal Procedure and that application was allowed. It is submitted that further investigation is over. 5. The victim stated that her father used to make sexual advances to her for the last several years. The girl was admitted in a far away school only to avoid the mischief by the father. Even thereafter, when the victim came to her house during vacation, the petitioner made attempts to molest her. In these circumstances, bail can be granted to the petitioner only on condition that the petitioner shall not meet the victim till the trial of the case is over and also on condition that the petitioner shall not go to the place where the victim is residing, at any point of time, without the specific permission of the Court having jurisdiction. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner on stringent conditions. BAIL APPL. NO.7630 OF 2011 :: 3 :: 7. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Muvattupuzha, subject to the following conditions: a) The petitioner shall not meet the victim and he shall not go to the place where the victim is residing, at any point of time, without the specific permission of the Court having jurisdiction, till the trial of the case is over; b) The petitioner shall report before the Station House Officer, Vazhakkulam Police Station between 9 A.M. and 11 A.M. on all Mondays, until further orders; 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 ahz/