IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.M.JAMES MONDAY, THE 3RD JULY 2006 / 12TH ASHADA, 1928 Bail Appl..No. 3908 of 2006 ----------------------------- CMP.553/2006 of DISTRICT COURT, KALPETTA (CRIME NO.395/2006 OF SULTHAN BATHERY POLICE STATION) .................... PETITIONER/ACCUSED ------------------------------------ UTHUPU, S/O. VARGHESE, AGED 52, OLANGAT VEEDU, KALLUMUKU, NOOLPUZHA. BY ADV. SRI.VARGHESE PREM RESPONDENTS: COMPLAINANT ------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, SULTHAN BATHERY POLICE STATION. BY PUBLIC PROSECUTOR P.N. SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/07/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.M.JAMES, J. -------------- B.A.3908/2006 ------------------ DATED THIS THE 3RD DAY OF JULY, 2006 O R D E R The petitioner is facing the allegation, under Section 376 IPC and under Section 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in crime No.395/2006 of Sulthan Bathery Police Station. It is submitted that the petitioner had committed rape on the victim, who is a scheduled caste woman, and she became pregnant. He remains in judicial custody from 11.6.2006. 2. After hearing both sides and considering the facts of this case, I grant bail to the petitioner and release him from jail, subject to the following conditions:- 1. The petitioner shall execute a bond for Rs.25,000/-, with two solvent sureties, each for the like sum, to the satisfaction of the Judicial Magistrate of First Class-I, Sulthan Bathery. 2 2. The petitioner shall report before the investigating officer once in a week, on every Monday, between 10.00 a.m and 11.00 a.m., for a period of two months, starting from 10.7.2006. The application is allowed as above. J.M.JAMES JUDGE mrcs