Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.245/2014 of the Pazhayangadi Police Station, Kannur registered for the offences punishable under Sections 363, 366(A) and 376 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act.
3. This is a case wherein a 16 year old girl was subjected to trafficking. Several persons had misused her and committed rape on her. It seems that the girl could not resist such acts. The petitioner is one among such persons who had committed rape on her at her house. The petitioner has been in custody for the period from 09.10.2014 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 court below, 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 Thursdays and Mondays commencing from 18.12.2014 for a period of six months.
(ii) Except for observing condition No.(i) above, the petitioner shall not enter the local limits of the Pazhayangadi Police Station, Kannur for a period of six months from today.
(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