IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Bail Appl..No. 4617 of 2009() ----------------------------- CRIME NO.126/2009 OF UPPUTHARA POLICE STATION .................... PETITIONER/ACCUSED: --------------------------------------- ABILASH, S/O.GOPI, MANKOOTHATHIL VEEDU, AMBALAMEDU BHAGOM, AYYAPPANKOVIL KARA, AYYAPPANKOVIL VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.NITHIN JACOB RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4617 of 2009 --------------------------------------------- Dated this the 19th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.126 of 2009 of Upputhara Police Station. 2. The offences alleged against the petitioner are under Sections 376 and 366A of the Indian Penal Code. 3. The date of occurrence was on 31.5.2009. The petitioner was arrested on 11.6.2009. He is in judicial custody since then. Bail Application Nos.3637 of 2009 and 4003 of 2009 filed by the petitioner were dismissed on 6th July 2009 and 28th July 2009 respectively. In the order dated 28th July 2009 it was mentioned that the petitioner could move another Bail Application after two weeks. Accordingly, the petitioner has filed this Bail Application. It is submitted that the investigation is at the final stage. 4. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner. BA No.4617 /2009 2 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-I, Peermade, 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 enter the limits of Upputhara Police Station for a period of one month 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