IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1761 of 2010()
1. K.RAJESH, AGED 29 YEARS, S/O.AMMINI,
... Petitioner
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.MURUGAN P.V.
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :07/04/2010
O R D E R
K.T.SANKARAN, J.
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B.A.No.1761 of 2010
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Dated this the 7th day of April, 2010
O R D E R
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is the sole accused
in Crime No.221 of 2010 of Hosdurg Police Station.
2. The offence alleged against the petitioner is under
Section 376 of the Indian Penal Code.
3. The prosecution case is that the accused, who is a
close friend of the brother of the victim, raped the victim after
locking in a room the physically challenged sister of the victim.
It is also alleged that the nude photographs of the victim were
taken. Misusing those photographs, the accused had forcible sex
with the victim on several occasions. She became pregnant.
4. The de facto complainant filed a complaint before the
Judicial Magistrate of the First Class-I, Hosdurg which was
forwarded to the police for investigation under Section 156(3) of
the Code of Criminal Procedure. The crime was accordingly
registered. The complaint was filed on 1.3.2010. The petitioner
BA No. 1761 /2010 2
was arrested on 5.3.2010 and he was remanded to judicial
custody.
5. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
6. 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.
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-I, 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, 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
Hosdurg Police Station for a period of two
months except for complying with conditions
(a) and (b);
BA No. 1761 /2010 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
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