Petition filed under Section 439 Cr.P.C.
2. Petitioner is the 3rd accused in Crime No.1434/2014 of the Alappuzha South Police Station registered for the offences punishable under Sections 376, 420, 468, 471 and 506(ii) read with Section 34 of the Indian Penal Code.
3. The allegation against the petitioner is that he has forged and fabricated a marriage certificate in order to make it appear that the marriage of the first accused and the defacto complainant woman was conducted, and handed over the same to the first accused. The first accused, who is a driver at the house of the defacto complainant, made use of the same as genuine and threatened and intimidated the defacto complainant and started abusing her sexually. She was threatened and intimidated and subjected to rape for the last many years. The petitioner has been in custody for the period from 25.11.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the CD.
5. The contents of the CD reveal that as far as the present petitioner is concerned the investigation of this case is practically over. The only offence alleged against the petitioner is one under Section 468 IPC. No criminal antecedents have been reported against the petitioner. 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, on strict conditions.
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 Mondays and Thursdays commencing from 22.12.2014 for a period of six months.
(iv) The petitioner shall not tamper with the evidence or influence witnesses.
(iii) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(iv) 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