IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4476 of 2009()
1. DR.JOHNSON V. IDUKKULA @ BIJU,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.K.C.PETER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/08/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.4476 of 2009
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Dated this the 12th day of August, 2009
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is the accused in
Crime No.589 of 2009 of Thiruvalla Police Station.
2. The offences alleged against the petitioner are under
Sections 376 of the Indian Penal Code and Section 3(1)(xii) of
the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
3. I have gone through the case diary.
4. The allegation is that from the first week of April 2009
to 17.6.2009, the victim was raped by the petitioner on about
seventeen occasions. The victim was working as a maid servant
in “Berachah Balabhavan” run by the accused.
5. It is submitted by the learned Public Prosecutor that
Crime No.701 of 2009 of Thiruvalla Police Station was registered
against the petitioner under Section 376 of the Indian Penal
Code on a statement recorded from one Valsamma John, who
BA No. 4476/2009 2
was working as housemaid in “Berachah Balabhavan”, of which
the petitioner is the Managing Director, alleging that the
petitioner committed rape on her. The present case, namely,
Crime No.589 of 2009 is also under Section 376 of the Indian
Penal Code. Learned Public Prosecutor also submitted that an
application was made before the Judicial Magistrate of the First
class, Thiruvalla for issuing a production warrant to record
formal arrest of the petitioner in Crime No.701 of 2009. Learned
Magistrate has passed an order as requested for and formal
arrest of the petitioner was recorded on 28.7.2009. In the
present case, the petitioner is in judicial custody since
19.6.2009. The investigation of the case is almost over.
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.
The petitioner shall be released on bail on his executing
bond for Rs.50,000/- with two solvent sureties for the like
amount to the satisfaction of the Judicial Magistrate of the First
BA No. 4476/2009 3
Class, Thiruvalla, 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 try to influence the prosecution
witnesses or tamper with the evidence;
d) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
e) In case of breach of any of the conditions mentioned above,
the bail shall be liable to be cancelled.
The petitioner shall be released from custody only if his
detention is not required in connection with any other case.
The Bail Application is allowed as above.
K.T.SANKARAN,
JUDGE
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