Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.737/2014 of the Kuttipuram Police Station registered for the offence punishable under Section 376(2)(j) of the Indian Penal Code.
3. On 28.10.2014, the defacto complainant, who is a mentally retarded girl, came to the house of the petitioner in search of the wife of the petitioner. The wife of the defacto complainant was taking her bath in the bathroom, which is situated outside the house. Apart from the petitioner, there were no other inmates in the house at that time. By taking that opportunity, the petitioner forcibly committed rape on the mentally retarded girl by dragging her into the house. The petitioner has been in custody for the period from 01.11.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the CD.
5. The learned Public Prosecutor has reported that the investigating officer has collected the information that the defacto complainant is presently residing with his 4th wife. It seems that he is highly immoral. At the same time, no criminal antecedents have been reported against the petitioner. The contents of the CD reveal that the investigation of this case is practically over. Continued detention of the petitioner in custody is not required for the continued investigation of this case. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the absence of any criminal antecedents on his part, I am of the view that the petitioner can be enlarged on bail, on strict conditions.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) Except for observing condition No.(ii) below, the petitioner shall not enter the local limits of the Kuttippuram Police Station for a period of six months from today.
(ii) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays commencing from 22.12.2014 for a period of six months.
(iii) The petitioner shall neither contact the girl or her family members nor shall make any attempt for the same, either directly or indirectly.
(iv) The petitioner shall not tamper with the evidence or influence witnesses.
(v) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(vi) The petitioner shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge