IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 9529 of 2011() ----------------------------- IN CRIME NO.319/2011 OF KANAKAKKUNNU POLICE STATION PETITIONER(S):/ACCUSED -------------------------------------- JOSE ANTONY, AGED 55 YEARS, S/O. DAVID, JOBY NIVAS, AMBAKKUDY LAKSHAM VEEDU COLONY, MUTHUKULAM VADAKKUM MURI, MUTHUKULAM VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.ARUN CHANDRAN RESPONDENT(S): COMPLAINANT & STATE --------------------------------------------------------------- 1. STATE OF KERALA - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. THE STATION HOUSE OFFICER, (CRIME NO.319/11 OF KANAKAKKUNNU POLICE STATION), KANAKAKKUNNU, ALAPPUZHA DISTRICT-690 535. BY PUBLIC PROSECUTOR SRI. K.K. RAJEEV FOR R1 AND R2 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. - - - - - - - - - - - - - - - - - - - - - - Bail Appl. NO.9529 OF 2011 - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November, 2011 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.319 of 2011 of Kanakakkunnu Police Station. 2. The offence alleged against the petitioner is under Section 377 of the Indian Penal Code. 3. The prosecution case is that on 09/10/2011, the accused committed the offence against a girl aged 5 years. The girl and the accused are neighbours. The petitioner was arrested on 09/10/2011 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. The learned Public Prosecutor submitted that the investigation of the case is not over. 5. Taking into account the facts and circumstances of B.A.No.9529/2011 -2- 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 only with effect from 09/12/2011. 6. The petitioner shall be released on bail on 09/12/2011 on his executing bond for ` 25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Haripad, 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; B.A.No.9529/2011 -3- C) The petitioner shall not enter into the limits of Kanakakkunnu Police Station for a period of two months, except for the purpose of complying with Condition No. 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. ds