IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 4537 of 2009() ------------------------------------------- CRIME NO.472/20009 OF KASARAGOD POLICE STATION. PETITIONER/ACCUSED: -------------------------------------- C.A.DHAVOODH @ DD, AGED 28 YEARS, S/O. ABDULLA, R/AT CHATTUMKUZHI HOUSE, CHATTUMKUZHI, MADHUR VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT/COMPLAINANT: ------------------------------------------------ STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, KASARAGOD, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4537 of 2009 ------------------------------------ Dated this the 7th day of September, 2009 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.472/2009 of Kasaragod Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The petitioner was arrested on 04.07.2009 and he is in judicial custody since then. 4. It is submitted that one Fathimath Zuhra was the victim and more than 15 cases have been registered against various persons for having committed similar offences against the victim. The investigation is not complete. However, the petitioner is in judicial custody since 04.07.2009. 5. It is submitted by the learned counsel for the petitioner that the petitioner is prepared to abide by any conditions that may be imposed by this Court as a condition for grant of bail. 6. Taking into account the facts and circumstances of the B.A. No. 4537/ 2009 2 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. 7. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, 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, Wednesdays and Saturdays, 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 surrender his passport, if any, before the Judicial Magistrate of the First Class, Kasaragod. If the petitioner is not a passport holder, an affidavit shall be filed to that effect. D) The petitioner shall not enter into the limits of Kasaragod Police Station for a period of one month except for complying with conditions A and B. E) The petitioner shall not try to influence the B.A. No. 4537/ 2009 3 prosecution witnesses or tamper with the evidence. F) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. G) 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 scm