IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 Bail Appl..No. 6865 of 2009() ------------------------------------ CRIME NO. 214/2009 OF VATTIYOORKAVU POLICE STATION ................................. PETITIONER/IST ACCUSED(UNDER CUSTODY): ------------------------------------------------------------------ FIROSKHAN ALIAS FIROS, AGED 24, S/O.NUJUMMUDIN, RIYAZ MANZIL, KACHANI, NETTAYAM.P.O,THIRUVANANTHAPURAM. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENT/COUNTER PETITIONER/STATE: ------------------------------------------------------------------ 1. CIRCLE INSPECTOR OF POLICE, PEROORKADA, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, VATTIYOORKAVU POLICE STATION, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6865 of 2009 ------------------------------------ Dated this the 1st day of December, 2009 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.214/2009 of Vattiyoorkavu Police Station. Originally, the petitioner was accused No.1 and the offences alleged against the petitioner were under Sections 366A and 376 read with Section 34 of the Indian Penal Code. Later, accused No.2 was deleted from the array of accused and the offence under Section 366A was also deleted. Now the offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 2. The date of occurrence was on 6/2/2009. It would appear that the petitioner was in love with the victim girl. He took her to Thrissur under the pretext of recovering some lost certificates. She was taken to a lodge and she was subjected to rape. It is also alleged that later they decided to marry. They appeared before the Registrar of Marriages, Sasthamangalam and notice was given under the Special Marriage Act. Later, the petitioner did not turn up and therefore, the marriage did not B.A. No. 6865/2009 2 take place. It is alleged that the petitioner married another woman. 3. The petitioner was arrested on 9/11/2009 and he was remanded to judicial custody. 4. 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 on stringent conditions. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Nedumangadu 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 two months and thereafter on every Monday 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. B.A. No. 6865/2009 3 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 scm