~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the accused in Crime No.762/2014 of Pathanamthitta Police Station registered for the offences punishable under Sections 376 and 406 IPC.
3. The allegation against the petitioner is that he enticed the de facto complainant woman aged 25, who was deserted by her husband, on the promise of marriage and had repeated sexual intercourse with her by assuring that he would marry her. In that relationship, she became pregnant and delivered a child. Thereafter, the accused retracted from his promise. It is also alleged that by several occasions, the petitioner had grabbed an amount of ₹60,000/- from the de facto complainant woman, which she had willingly given to him on his assurance that he would marry her. The petitioner has been in custody for the period from 18.10.2014.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
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. The continued detention of the petitioner in custody is not required for the continued investigation of this case. At the same time, safety and security of the victim girl has also to be considered. 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 Fridays and Tuesdays commencing from 05.12.2014 for a period of six months.
(ii) Except for observing condition No.(i) above, the petitioner shall not enter the local limits of Pathanamthitta Police Station for a period of six months from today.
(iii) The petitioner shall neither contact the girl or her family members nor make any attempt for the same, either directly or indirectly.
(iv) The petitioner shall deposit an amount of ₹60,000/- before the court below within one month from today.
(v) The petitioner shall not tamper with the evidence or influence witnesses.
(vi) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(vii) 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.
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(B.KEMAL PASHA, JUDGE) aks/02/12 // True Copy // PA to Judge