Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.787/2014 of the Pariyaram Medical College Police Station, Kannur, registered for the offences punishable under Section 376 of the Indian Penal Code, Section 3 read with Section 4, and Section 5 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.
3. The allegation against the petitioner is that he enticed a minor girl of 16, who is a 10th standard student of the Moothedath High School, and committed rape on her repeatedly on several occasions from the month of April 2014 onwards at the smoke house situated in a rubber estate near the house of the girl. It seems that he had subjected the girl to sexual intercourse by promising that he would marry her. It has come out the petitioner is a married man having two children. The petitioner has been in custody for the period from 28.10.2014 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. At the same time, safety and security of the victim girl is 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 1 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 the Pariyaram Medical College 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.
B. KEMAL PASHA, JUDGE ul/-
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