IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5840 of 2009() ----------------------------- CRIME NO.193 OF 2009 OF KELAKAM POLICE STATION, KANNUR PETITIONER/2ND ACCUSED (IN CUSTODY) ------------------------------------------------------- M.S.SHYJAN,S/O.XAVIER, 36 YEARS, MILICKKAL PARAMBIL HOUSE, KOTTIYOOR P.O.,KANNUR DISTRICT BY ADV. SRI.GEORGE MATHEWS RESPONDENT: COMPLAINANT -------------------------- S.H.O.KELAKAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5840 of 2009 --------------------------------------------- Dated this the 12th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.193 of 2009 of Kelakam Police Station. 2. The offences alleged against the petitioner are under Sections 376, 354 and 120B of the Indian Penal Code. The petitioner was arrested on 29.9.2009. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. The learned counsel for the petitioner pointed out that there is no allegation that the petitioner committed rape on the victim. The only allegation against the petitioner is that he committed the offence under Section 354 IPC and tried to have sexual intercourse with the defacto complainant. It is also pointed out that the defacto complainant did not approach the police after the incident. But, when her relatives found her at another place and when she narrated the incident, she was directed to approach the police. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.5840/2009 2 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, Koothuparamba, 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