IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4875 of 2009() ----------------------------- CRIME NO. 682/2009 OF KUNDARA POLICE STATION ....................... PETITIONER: -------------------- SAJITH, S/O. CHELLAPPAN, AGED 21 YEARS, CHARUVILA VEEDU, AYYAPPANKUNNU, PERAYAMCHERRI, MULAVANA VILLAGE KOLLAM. BY ADVS. SRI.S.SUDHEESHKAR SRI.PRATHEESH.P SRI. K.SIJU SRI.P.SUJITH KUMAR RESPONDENT(S): --------------- STATE OF KERALA, REP. BY C.I. OF POLICE, KUNDARA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4875 of 2009 ------------------------------------ Dated this the 26th day of August, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.682/2009 of Kundara Police Station. 2. The offences alleged against the petitioner are under Sections 366 and 376 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 3.07.2009. The petitioner was arrested on 20.07.2009 and he is in judicial custody. 4. The learned counsel for the petitioner submitted that bail was granted to all other accused persons. The counsel pointed out that there is no case for the prosecution that accused No.3 had any sexual contact with the victim. 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 B.A. No. 4875 of 2009 2 petitioner. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kollam 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 B.A. No. 4875 of 2009 3 ln