IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6877 of 2009()
1. LIBIN, S/O.ACHUTHAN, AGED 24 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.KRISHNADAS P. NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/11/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO.6877 OF 2009
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Dated this the 30th 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.1484
of 2009 of Kalamassery Police Station.
2. The offence alleged against the petitioner is under Section
376 of the Indian Penal Code.
3. The victim is a fifteen year old girl studying in X standard. It
is alleged that the accused got acquainted with the girl over phone.
The petitioner is working as a Call Centre Executive of Vodaphone.
He was working in Kalamassery. Later, he had gone to Shornur. It
is alleged that on 23.3.2009, the girl was brought to the residence of
the petitioner at Kalamassery and he committed the offence on that
day. The First Information Report was registered only on
16.10.2009. It would appear that in the meanwhile, the girl went to
Shornur Railway Station in search of the petitioner. The Railway
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Protection Force, on suspicion, collected the details from the girl and
they informed the police. Accordingly, the crime was registered. The
petitioner was arrested on 21.10.2009 and he was remanded to
judicial custody.
4. The investigation is in progress. Potency test of the
petitioner was conducted.
5. In the facts and circumstances of the case, I think the
petitioner can be released on bail on stringent conditions.
6. 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 – II,
Aluva, 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 the limits of Palluruthy
Police Station where the victim is residing, until further
orders;
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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
ahz/