IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Bail Appl..No. 5852 of 2011() ------------------------------------------ (CRIME NO.518/2011 OF PERUMBAVOOR POLICE STATION, ERNAKULAM DISTRICT) ..... PETITIONER/ACCUSED: -------------------------------------- KUMARAN,S/O.KAVALAN,AGED 43 YEARS, ERIKKUMPURAM HOUSE,CHERUVELIKUNNU BHAGOM, MUDICKAL KARA,MARAMBILLY KARA,MARAMBILLY VILLAGE NOW RESIDING AT ERUKKUMPURAM HOUSE,NEAR MAMBRA MAHADEVA TEMPLE,MAMBRA KARA,KALLOOR,THEKKUMMUDY VILLAGE,THRISSUR DISTRICT. BY ADVS. SRI.E.C.POULOSE, SRI.BOBBY RAPHEAL. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- THE STATION HOUSE OFFICER,PERUMBAVOOR POLICE STATION,ERNAKULAM DISTRICT,THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T.SANKARAN, J. --------------------------------- B.A.No.5852 OF 2011 --------------------------------- Dated this the 25th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The Petitioner is the sole accused in Crime No. 518 of 2011 of the Perumbavoor Police Station. 2. The offences alleged against the petitioner are under Sections 450 and 376 of the Indian Penal Code. 3. The prosecution case is that between 25.12.2010 and 3.1.2011, the petitioner raped the victim, who is a mentally challenged, speech impaired and hearing impaired girl aged 19 years. The petitioner was arrested on 26.4.2011 and he was remanded to judicial custody. 4. Investigation is over and charge sheet was laid. The case is now pending as CP No.43 of 2011 on the file of the B.A.No.5852 OF 2011 2 Judicial Magistrate of the First Class, Perumbavoor. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for `50,000/- (Rupees Fifty Thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Perumbavoor,subject to the following conditions: A) The petitioner shall not enter into the Police Station limits of Perumbavoor Police Station until the trial of the case is over. B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. C) 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. cms