IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Bail Appl..No. 10675 of 2011() -------------------------- CRIME NO.1156/2011 OF KOTHAMANGALAM POLICE STATION PETITIONER : ACCUSED : --------------------- SIVASANKARAN @ BIJU, AGED 39, S/O. GOVINDA PILLAI, AMBATTUKUDY HOUSE, VILAYAL BHAGOM, MATHIRAPPILLY KARA, KOTHAMANGALAM VILLAGE. BY ADV. SRI.V.TEKCHAND RESPONDENTS: STATE COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I OF POLICE, KOTHAMANGALAM POLICE STATION. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.10675 of 2011 ---------------------------------------------- Dated this the 23rd day of December, 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.1156 of 2011 of Kothamangalam Police Station, Ernakulam District. 2. The offences alleged against the petitioner are under Sections 293 and 376(2)(f) of the Indian Penal Code and Section 23 of the Juvenile Justice (Care and Protection of Children) Act. 3. The prosecution case is the following: The accused is a van driver, who used to take students to school in the van. The allegation is that while coming back from school, the petitioner sexually abused the victim girl on several occasions after parking the van on the side of the compound wall of his house. It is also alleged that the accused used to show obscene video clippings in his mobile phone to the victim girl. The accused is a neighbour of the victim. The victim is aged only 11 years. Bail Appln.No.10675/2011 : 2 : 4. The petitioner was arrested on 04/11/2011 and he was remanded to judicial custody. 5. Bail Application No.9904 of 2011 filed by the petitioner was dismissed by the order dated 06/12/2011. Investigation has progressed thereafter. 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 offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner with stringent conditions only with effect from 31/12/2011. 7. The petitioner shall be released on bail with effect from 31/12/2011 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, Kothamangalam, 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 and Thursdays for a period of one month and thereafter on Mondays, till the final report is filed or until further orders; Bail Appln.No.10675/2011 : 3 : B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not enter into the limits of Kothamangalam Police Station for a period of two months except for the purpose of complying with Conditions 'A' and 'B'. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. 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 skj True copy P.A. to Judge