IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Bail Appl..No. 1713 of 2010() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.1282/2010 Dated 05/03/2010 CMP.676/2010 of J.M.F.C.-II,HOSDRUG CRIME NO.87/2010 OF BEKAL POLICE STATION, KASARAGOD. .................... PETITIONER/ACCUSED NO.1: ------------------------------------------- ASSAINAR,S/O.MUHAMMED KUNHI, RESIDING AT PUTHERIADUKOM HOUSE, CHATTAMCHAL, TEHKKIL P.O.,KASARGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT/ COMPLAINATNT:- --------------------------------------------------- STATE OF KERALA REP. BY PUBLIC POSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI.TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1713 of 2010 ----------------------------- Dated this the 29th day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.87 of 2010 of Bekal Police Station. 2. The offences alleged against the petitioner are under Sections 366A, 376, 506(i) and 109 of the Indian Penal Code. 3. The prosecution case is that while the victim girl was studying in the 9th standard, she was subjected to rape by the petitioner. She was threatened to death and therefore, she did not disclose that fact to anybody. Again, on another occasion, she was raped and her nude photographs were taken by the first accused in his mobile phone. Though the victim girl joined in another school, the first accused threatened the de facto complainant misusing the nude photographs and he continued to commit the offence. Even after the victim girl went to Tamil Nadu for her studies, the first accused did not leave her. He continued his heinous criminal activities on the girl. Finding no other escape, the girl reported the matter to the police. Thus the B.A. No. 1713/2010 2 crime was registered. The petitioner was arrested on 10.2.2010 and he was remanded to judicial custody. 4. The petitioner moved B.A No.1282/2010 for bail. That application was dismissed by the order dated 5/03/2010. It is stated that the investigation has progressed thereafter. 5. The learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition that may be imposed by the Court for granting bail. 6. It is stated that the victim is now undergoing training for M.B.B.S Entrance Examination at Thrissur. The learned Public Prosecutor submitted that if the petitioner enters into the limits of Bekal Police Station, wherein the family members of the victim are residing and Thrissur District, wherein the victim is undergoing training for M.B.B.S Entrance Examination, they would be put to great pressure and prejudice. 7. 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 B.A. No. 1713/2010 3 petitioner on stringent conditions. 8. 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, Hosdurg 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, 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 Bekal Police Station for a period of two months. The petitioner shall also not enter into Thrissur District until further orders. D) The petitioner shall surrender his Passport, if any, before the Judicial Magistrate of the First Class-II, Hosdurg within one week. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. E) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No. 1713/2010 4 F) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. G) 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