IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Bail Appl..No. 2123 of 2009() ----------------------------- CRMP.868/2009 of SESSIONS COURT,KOLLAM CRIME NO.1079/06 OF KOLLAM EAST POLICE STATION .................... PETITIONER/ACCUSED NO.1 ------------------------------------------- KOSHY @ BABU, S/O. PANIYADIMA, OFFICE PURAYIDAM, VELINCHAMNAGAR-79, PALLITHOTTAM BEACH NORTH WARD, KOLLAM WEST VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): --------------- 1. CIRCLE INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SHRI M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------------- B.A.No.2123 of 2009 --------------------------------------------- Dated this the 5th day of May, 2009 O R D E R This is an application for regular bail filed under section 439 of the Code of Criminal Procedure. 2. Petitioner is the first accused in Crime No.1079/06 of Kollam East Police Station, alleging commission of offences under sections 366(A), 376 and 212 read with section 34 of IPC. 3. The allegation is that on 12.10.206, the petitioner enticed the daughter of the defacto complainant, who was a minor and forcibly took her in a car and went to the residence of one Jessy at Upasana Nagar, Kollam and thereafter committed rape on her. In connection with the above said crime, the petitioner was arrested on 25.2.2009 and since then he has been in judicial custody. 4. The alleged crime had occurred in the year 2006 and the investigation is almost completed. In the circumstances, I think the petitioner can be enlarged on bail subject to certain conditions. 7. Accordingly, this application is allowed subject to the following conditions. (i) The petitioner shall be released on bail on his executing a BA.2123/09 2 bond for Rs.50,000/- with two solvent sureties for the like sum each to the satisfaction of the J.F.C.M.-II, Kollam. (ii) To ensure his availability during trial, the petitioner shall report before the Investigating Officer once in a week, that is, on all Mondays, between 10 AM and 11 AM. (iii) The petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. C.T.RAVIKUMAR, JUDGE dsn