IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 Bail Appl..No. 7937 of 2011() ----------------------------- CMP.3538/2011 of J.M.F.C., HARIPAD CRIME NO.361/2011 OF KAREELAKULANGARA POLICE STATION .................... PETITIONER/ACCUSED : ------------------------ VIDHYADHARAN, AGED 57 YEARS, S/O.NANU, BINU BHAVANAN, PATHIYOOR PNCT/W-16, MALAMEL BHAGAM, KEERIKKAD VILLAGE. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, THROUGH THE SUB INSPECTOR, KAREELAKULANGARA POLICE STATION. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7937 of 2011 ---------------------------------------------- Dated this the 03rd day of October, 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.361 of 2011 of Kareelakulangara Police Station. 2. The offence alleged against the petitioner is under Section 377 of the Indian Penal Code. 3. The petitioner is aged 57 years. The victim girl is aged 3 ½ years. The petitioner is a neighbour of the victim. The offence was allegedly committed on 28/06/2011. The petitioner was arrested on 29/06/2011. The petitioner is in judicial custody since then. 4. After completing the investigation, charge sheet was filed on 27/07/2011. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner on very stringent conditions. Bail Appln.No.7937/2011 : 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 Court having jurisdiction, subject to the following conditions:- A) The petitioner shall not enter into the limits of Kareelakulangara Police Station, till the trial of the case is over, except with the permission of the Sessions Court having jurisdiction. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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