Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.971/2014 of the Mananthavady Police Station, Wayanadu registered for the offences punishable under Sections 376 and 366A of the Indian Penal Code, Sections 4 and 8 of Protection of Children from Sexual Offences Act and Section 3(1) (xi) and 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. The allegation against the petitioner is that on 06.01.2014 at 9.30 am, the petitioner aged 19, who is not a member of scheduled caste and scheduled tribe, committed rape on the defacto complainant girl aged 17 belongs to a scheduled caste, at Chandragiri lodge, Kalpetta. It is alleged that the girl was enticed by the petitioner on a promise of marriage. The petitioner has been in custody for the period from 08.11.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor. Perused the CD.
5. Medical examination report of the victim, which finds a place among the records in the CD, does not reveal any penetrative sexual assault. 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. 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 court below 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 Mananthavady Police Station 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 Mondays and Thursdays commencing from 22.12.2014 for a period of six months.
(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.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge