Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.756/2014 of the Chittar Police Station, Pathanamthitta registered for the offences punishable under Sections 376 and 313 of the Indian Penal Code.
3. The allegation against the petitioner is that he had enticed the defacto complainant girl and on repeated assurance of marriage, he had subjected her to sexual intercourse thereby she became pregnant. Thereafter, the petitioner has administered certain pills to her thereby causing miscarriage. After that the petitioner has backed out from the promise of marriage. The petitioner has been in custody for the period from 22.09.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the CD.
5. 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.
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) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Tuesdays and Fridays commencing from 12.12.2014 for a period of six months.
(ii) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) 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.
B. KEMAL PASHA, JUDGE ul/-
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