IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 Bail Appl..No. 6117 of 2009() ----------------------------- CRIME NO.469/2009 OF KATTAPPANA POLICE STATION PETITIONER/1ST ACCUSED: ------------------------------------------- BABY @ SABU, AGED 31 YEARS, S/O.MADHAVAN, VELIKKAKATHU HOUSE, PAZHAYARIKANDAM KARA, KANJIKUZHY VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.JOHNSON P.JOHN SRI.RAJU SEBASTIAN VADAKKEKKARA RESPONDENT(S): STATE --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KATTAPPANA POLICE STATION, IDUKKI DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6117 of 2009 --------------------------------------------- Dated this the 29th 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.1 in Crime No.469 of 2009 of Kattappana Police Station. 2. The offence alleged against the petitioner is under Section 376 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 15.8.2009. The petitioner was arrested on 16.8.2009 and he was remanded to judicial custody. 4. The victim was aged only 17 years on the date of the incident. It is submitted by the learned Public Prosecutor that the second accused is not arrested so far. He has filed an application for anticipatory bail. 5. Taking into account the facts and circumstances of the case, the nature of the offence and the present stage of investigation and also the fact that the petitioner is in judicial custody since 16.8.2009, I am of the view that bail can be BA No.6117/2009 2 granted to the petitioner on stringent conditions. 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, Kattappana, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday, 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 enter into the limits of Kattappana Police Station for a period of two months except for complying with conditions (a) and (b); d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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