IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 Bail Appl..No. 8244 of 2011() ----------------------------- AGAINST THE ORDER IN BA.6145/2011 Dated 09/08/2011 Crime No.1040 of 2011 of Harbour Police Station, Kochi City. .................... PETITIONER/ACCUSED: -------------------------------------- ABDUL KHADAR,AGED 54 YEARS, S/O.KUTTIKOYA,ATHANACHAMMAD VEETTIL, KAVARATHI PANCHAYATH, LAKSHADWEEP. BY ADV. SRI.P.A.MUJEEB RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNKULAM. BY P.P.SRI.T.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8244 OF 2011 --------------------------------- Dated this the 14th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1040 of 2011 of Harbour Police Station, Kochi City. 2.The offence alleged against the petitioner is under Section 377 of the Indian Penal Code. 3.The date of occurrence was on 13.7.2011. The petitioner was arrested on 14.7.2011 and he is in judicial custody since then. 4. It is submitted by the learned counsel for the petitioner that the petitioner had filed three Bail Applications earlier, namely, B.A.Nos.6145 of 2011, 6704 of 2011 and 7309 of 2011, and those Bail Applications were dismissed. B.A.No. 8244 OF 2011 2 The petitioner is in judicial custody for more than 90 days. The learned counsel for the petitioner submitted that charge sheet has been filed in the case. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner. 6.The petitioner shall be released on bail on his executing bond for `25,000/-(Rupees Twenty Five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kochi, subject to the following conditions: A) The petitioner shall report before the officer who laid the charge, on alternate Mondays until further orders. B) The petitioner shall not directly or indirectly contact the parents of the victim and the victim, till the trial of the case is over. C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A.No. 8244 OF 2011 3 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. cms