IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Bail Appl..No. 1870 of 2010() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.1607/2010 Dated 18/03/2010 CRMP.312/2010 of DISTRICT COURT, PATHANAMTHITTA CRIME NO.193/2010 OF PATHANAMTHITTA POLICE STATION. .................... PETITIONER/ACCUSED: -------------------------------------- KUNJUMON K.E., AGED 56 YEARS, S/O.AYYAN, KOLLAN KALAYIL VEEDU, KUMBANKAL, VETTIPPURAM MURI, MUNDUKOTTACKAL, PATHANAMTHITTA VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI.AJITH MURALI RESPONDENT/COMPLAINANT: ------------------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.1870 of 2010 ------------------------------------ Dated this the 5th day of April, 2010 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.193 of 2010 of Pathanamthitta Police Station. 2. The offences alleged against the petitioner are under Sections 450 and 511 of 376 of the Indian Penal Code. 3. The prosecution case is that on 6.2.2010, the petitioner, aged 56 years, who is a neighbour of the victim, a deaf, dumb and mentally retarded woman aged 32 years, committed the offence on the helpless victim. At the time of committing the offence, the victim's mother had gone to the hospital where the victim's sister was admitted. There was nobody in the house. The petitioner had taken advantage of the helpless situation in which the victim was placed and he is alleged to have committed the heinous offence. The petitioner was arrested on 7.2.2010 and he was remanded to judicial custody. The investigation is in progress. 4. The petitioner filed B.A. No.1607/2010, which was B.A. No.1870/ 2010 2 dismissed by the order dated 18/3/2010. The investigation has progressed thereafter. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions . 6. 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-I, Pathanamthitta 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, 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. C) The petitioner shall not enter into the limits of Pathanamthitta Police Station for a period of two months except for complying with conditions A and B. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No.1870/ 2010 3 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 scm