IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Bail Appl..No. 7083 of 2009 CRIME NO.463 OF 2009 OF TALIPARAMBA POLICE STATION PETITIONER: ACCUSED: ------------------------------ K.V.MUHAMMED SHAFI AGED 42 YEARS, S/O.KANNAN, BUSINESS, MORAZHA PO, TALIPARAMBA THALUK, KANNUR DISTRICT. BY ADV. SRI.P.BABU RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7083 OF 2009 ------------------------------------------------------ Dated this the 3rd day of December, 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.463 of 2009 of Taliparamba Police Station. 2. The offences alleged against the petitioner are under Sections 376 and 420 of the Indian Penal Code. 3. The prosecution case is that between the period from 2.2.2009 to 27.7.2009, the petitioner indulged in acts which constitute the offence on the victim. The petitioner was arrested on 13.11.2009 and he was remanded to judicial custody. 4. After completing the investigation, charge was laid in the case on 26.11.2009. 5. Taking into account the facts and circumstances of the B.A. NO. 7083 OF 2009 :: 2 :: case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and also the fact that charge was laid in the case, 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 Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Taliparamba, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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 ahz/