Petition filed under Section 439 Cr.P.C.
2. Petitioner is the first accused in Crime No.378/2014 of the Cheemeni Police Station, Kasaragod registered for the offences punishable under Sections 437, 324 and 376 of the Indian Penal Code.
3. The allegation against the petitioner is that on 07.09.2014 at 9.30 pm, he committed rape on the defacto complainant and thereafter when she revealed the said fact to others, the 2nd defendant, who is the father of the petitioner trespassed into the courtyard of her house and voluntarily caused hurt on her by beating her with a broom. The petitioner has been in custody for the period from 12.09.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioner. 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 Cheemeni Police Station, Kasaragod for a period of six months from today.
(ii) The petitioner shall report before the Investigating Officer in between 9 a.m. and 1 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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