Navesh. M. vs State and The Station House Officer

K.T. Sankaran, J.—This is an application for bail u/s 439 of the Code of Criminal Procedure. The Petitioner is the accused in Crime No. 419 of 2011 of Chandera Police Station, Kasaragod District.

The offences alleged against the Petitioner are under Sections 363, 366A and 376 of the Indian Penal Code.

The victim is aged fifteen years. She was studying in 9th standard at the relevant time. On 19.5.2011, she went for tuition class. As the tuition class did not take place, she had spent some time with her friends. Later, the accused, who was in love with her for the last one year, was called to the school premises and they roamed around at several places. In the evening, they together went to the house of a relative of the accused. The inmates of the house received them and they were allowed to remain in a room. It is stated that the accused had sexual intercourse with the victim. On the next day, the father of the victim came to the place and he informed the police.

The Petitioner was arrested on 19.5.2011 and he was remanded to judicial custody.

Heard the learned Counsel for the Petitioner and the learned Public Prosecutor.

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 Rupees Twenty five thousand 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 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 Bail Application is allowed as above.