IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 Bail Appl..No. 5592 of 2009 S.C.NO.281 OF 2009 ON THE FILE OF THE ADDITIONAL SESSIONS JUDGE (ADHOC-1), ERNAKULAM. PETITIONER/ACCUSED -------------------------------------- SAKKEER @ KOZHI SAKKEER, AGED 48 YEARS S/O. MUHAMMED, THATTATTUPARAMBIL H.NO.141, SANTHIPURAM COLONY, THAMMANAM, KOCHI-26. BY ADV. SRI.JOSHY THOMAS RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5592 OF 2009 ------------------------------------------------------ Dated this the 1st day of October, 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 S.C. No.281 of 2009, on the file of the Court of the Additional Sessions Judge (Adhoc-I), Ernakulam. 2. The offence alleged against the petitioner is under Section 511 of 376 of the Indian Penal Code. 3. The victim is a girl aged seven years. The date of occurrence was on 28.4.2009. The petitioner was arrested on 29.4.2009 and he was remanded to judicial custody. The charge was laid in the case on 30.5.2009. The Bail Application submitted by the petitioner was dismissed by the learned Sessions Judge by the order dated 5.8.2009. 4. It is submitted by the learned counsel for the petitioner that B.A. NO. 5592 OF 2009 :: 2 :: the petitioner is prepared to comply with any condition that may be imposed by the court. It is also submitted that the petitioner undertakes not to indulge in any prejudicial activity while on bail. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner and the fact that charge was laid and also considering the undertaking made by the petitioner, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Additional Sessions Judge (Adhoc-I), Ernakulam, subject to the following conditions: a) The petitioner shall report before the Station House Officer, Palarivattom Police Station between 9 A.M. and 11 A.M. on all Mondays and Thursdays, until further orders; b) The petitioner shall not enter into the limits of Palarivattom Police Station for a period of three months except for complying with condition (a); c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; B.A. NO. 5592 OF 2009 :: 3 :: 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 ahz/