Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.1193/2014 of Palode Police Station, Thiruvananthapuram registered for the offences punishable under Sections 376 and 506(i) of the Indian Penal Code and Sections 3(1)(xi) and 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. The allegation against the petitioner is that on 18.10.2014 at 4 p.m., while she was travelling by a jeep that was being driven by the petitioner, the petitioner took the jeep into the forest area and committed rape on the defacto complainant, who is a member of Scheduled Tribe. Even though she resisted, she could not escape from the clutches of the petitioner and it seems that her cries did not attract anybody as it was a rainy day, that too inside the forest.
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. 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) Except for observing condition No.(ii) below, the petitioner shall not enter the local limits of the Palode Police Station, Thiruvananthapuram 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 Thursdays and Mondays commencing from 04.12.2014 for a period of six months.
(iii) The petitioner shall neither contact the defacto complainant, nor 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.
B. KEMAL PASHA, JUDGE ul/-
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