Petition filed under Section 439(1) Cr.P.C. 2. Petitioner is the 59th accused in Crime No.346/2011 of North Paravur Police Station registered for the offences under Sections 376 and 372 of IPC.
3. According to the prosecution the victim was 16 years old girl at the relevant time. There are more than 150 accused in this case. The involvement of the petitioner was not disclosed when the Police registered the case. Subsequent investigation revealed that he also had sexual intercourse with the victim girl. He was arrested on 22.4.2014.
4. It is submitted by the learned Director General of Prosecution that the investigation is nearing almost completion; but it is not safe to release him on bail as he runs a business abroad and there is the every likelihood of his absconding.
5. Since the investigation is almost complete there is nothing improper in releasing him on bail. Appropriate conditions will be imposed to ensure his presence during the trial.
In the result, this Bail Application is allowed with the following conditions.
1. The petitioner will be released on bail on his executing a bond for Rs.1,00,000/-(Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate/Sessions Judge concerned.
2. The passport of the petitioner which has already been seized by the Police shall be retained until further orders.
3. He shall appear before the investigating officer between 10 a.m and 11 a.m on every 2nd and 4th Saturday for three months or till the final report is filed which ever is earlier.
4. He shall not threaten or attempt to influence the witnesses; nor shall he destroy or attempt to destroy the evidence or interfere with the investigation.
5. He shall not make any attempt to contact or influence the victim or her relatives or friends.
6. He shall not enter the Revenue District of Ernakulam except without the previous permission of the court of enquiry or trial court except for the appearance before the Investigating Officer or court, as the case may be.
If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.
K.ABRAHAM MATHEW JUDGE pm