IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 Bail Appl..No. 5211 of 2009() ----------------------------- CRIME NO.95/2009 OF BEDAKAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- NISHAD @ NISAR, AGED 23 YEARS, S/O.ABDUL KHADER, RESIDING AT KONDOCHI HOUSE, PADUPU, SHANKAMPADI VILLAGE, KASARAGOD TALUK. BY ADV. SRI.K.ANAND RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR, BEDAKAM POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5211 of 2009 --------------------------------------------- Dated this the 16th day of September, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.95 of 2009 of Bedakam Police Station, Kasaragod District. Originally, there were five accused persons and petitioner was the first accused. It is submitted that, later the names of accused Nos.2 to 5 were deleted from the array of accused. Now, petitioner is the sole accused. 2. The offences alleged against the petitioner are under Sections 376, 419 and 493 of the Indian Penal Code. 3. The prosecution case is that the petitioner, who was a Muslim, converted into Hinduism and married the defacto complainant, a Hindu lady. They lived together for more than two years and a child was born in the wedlock. It is alleged that the petitioner reconverted into Islam and accepted the name as Nishad @ Nisar and married another Muslim lady. 4. The petitioner was arrested on 3.8.2009 and since then he is in judicial custody. It is submitted by the learned Public BA No.5211/2009 2 Prosecutor that the potency test was conducted and the investigation is at the final stage. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kasaragod, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl