IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8744 of 2011() ----------------------------- CRIME NO.601/2011 OF HOSDURG POLICE STATION .................... PETITIONER/ACCUSED ---------------------------- C.V.BABU, AGED 38 YEARS, S/O.POKKAI, RESIDING AT CHITTIKKUNNAM VALAPPIL, PUDUKAI, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): COMPLAINANT-STATE -------------------------------- THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, KASARGOD DISTRICT, REPRESENTED THROGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8744 of 2011 --------------------------- Dated this the 2nd day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.601 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The learned Magistrate granted bail to the petitioner on 29.6.2011 on certain conditions. One of the condition was that the petitioner shall appear before the Station House Officer on every Monday. It was reported that the petitioner failed to appear before the Station House Officer on 29.8.2011, 5.9.2011, 12.9.2011 and 19.9.2011. After issuing notice to the petitioner, the learned Magistrate cancelled the bail and the petitioner was remanded to judicial custody. He is in judicial custody since 4.10.2011. BA 8744/11 2 4. The learned counsel for the petitioner submitted that the marriage between the de facto complainant and the petitioner took place in April, 2011 and they were living together. To show that the petitioner had married the de facto complainant, the learned counsel for the petitioner produced for perusal copy of M.C.No.214 of 2011 filed by the de facto complainant before the Judicial Magistrate of the First Class-I, Hosdurg under Section 12 (1) of the Protection of Women from Domestic Violence Act. The learned counsel also submitted that the petitioner is prepared to comply with the conditions without fail. It is also submitted that the petitioner did not comply with the conditions as he was suffering from illness. 5. Taking into account the facts and circumstances of the case and the duration of the judicial custody undergone by the petitioner, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing BA 8744/11 3 bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Hosdurg, subject to the following conditions: A) The petitioner shall appear before the Station House Officer of Hosdurg Police Station between 9 A.M. and 11 A.M. on all Mondays, till the trial of the case is over or until further orders; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; D) 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