IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 Bail Appl..No. 6863 of 2009() ------------------------------------- CRIME NO. 1527/2009 OF KOTTARAKARA POLICE STATION .................................... PETITIONER/ACCUSED: ------------------------------------- SAMUEL @ PODIYAN, PANACHAMOOTIL HOUSE, CHIRATTAKONAM WARD, VETTIKKAVALA VILLAGE. BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.GEORGE RAJU SMT.SURYA SASI RESPONDENTS/STATE & COMPLAINANT: ----------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOTTARAKARA POLICE STATION. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6863 of 2009 ------------------------------------ Dated this the 23rd day of November, 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.1527/2009 of Kottarakkara Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The victim is a girl aged eight years studying in the third standard. The petitioner is aged 65 years. Petitioner's grand daughter and the victim are studying in the same school. The girl used to come to the house of the petitioner regularly. The allegation is that on 22.09.2009, the petitioner sexually abused the victim. 4. The petitioner was arrested on 24.09.2009 and he was remanded to judicial custody. 5. It is submitted by the learned Public Prosecutor that though the investigation is not over, it has progressed much after the dismissal of Bail Application No.6197/2009 filed by the petitioner, by the order dated 03.11.2009. B.A. No. 6863 of 2009 2 6. The learned counsel for the petitioner submitted that the petitioner is prepared to abide by any condition that may be imposed by the Court. 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 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-I, Kottarakkara 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 Kottarakkara Police Station till the final report is filed or until further orders except for complying the conditions A and B. B.A. No. 6863 of 2009 3 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 ln