Petition filed under Section 439 (1) Cr.P.C.
Petitioner is the first accused in Crime No.472/2014 of Kanjar Police Station which has been registered for the offences under Sections 109, 294(b), 313, 323 and 376 read with Section 34 I.P.C.
2. He is alleged to have committed rape on a 17 year old girl and caused miscarriage of her pregnenancy and has thus committed the offences under Sections 109, 294(b), 313, 323 and 376 read with Section 34 I.P.C. and Section 6 of the Prevention of Children from Sexual Offences Act. It is submitted by the learned counsel for the petitioner that the marriage between the petitioner and the victim girl has been solemnized and the investigation is almost complete and he may be released on bail.
3. Heard the learned counsel for the petitioner and the B.A. No. 4230/2014 2 learned Public Prosecutor.
4. The petitioner has been in custody since 11.05.2014. It is submitted that the investigations nearing completion. It appears that his further detention is not necessary for the completion of investigation.
In the result, this application is allowed.
1. The petitioner shall be released on bail on his executing a bond for Rs. 25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate.
2. He shall not consume liquor while he is on bail.
3. He shall appear before the investigating officer between 10.30 am and 11.30 am on all Fridays for three months or till the final report is filed, whichever is earlier.
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.
SD/-
K. ABRAHAM MATHEW JV JUDGE