IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 Bail Appl..No. 6895 of 2009 CRIME NO.58 OF 2009 OF MANIMALA POLICE STATION, KOTTAYAM. PETITIONER/ACCUSED -------------------------------------- ANEESH,S/O.SREEDHARAN, 10TH CENT COLONY, KARIKATTOR, MANIMALA VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6895 OF 2009 ------------------------------------------------------ Dated this the 2nd 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.58 of 2009 of Manimala Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that during the period from 24.10.2008 to 27.1.2009, the accused committed the offence on the victim on several occasions. The victim was aged only 14 years at the relevant time and she was studying in the X standard. The petitioner is an autorickshaw driver and he has wife and a child. The petitioner was arrested on 24.10.2009 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 B.A. NO. 6895 OF 2009 :: 2 :: of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class - II, Kanjirapally, 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 Manimala Police Station for a period of three 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; 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 ahz/