IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 Bail Appl..No. 8391 of 2011 CRIME NO.583 OF 2011 OF NILESHWAR POLICE STATION, KASARAGOD. PETITIONER/ACCUSED -------------------------------------- P.VINODKUMAR, AGED 38 YEARS, S/O.U.NARAYANAN NAIR, PAYANI HOUSE, PADINHATAM KOZHUVAL, NILESHWAR VILLAGE, KASARGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682 031. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8391 OF 2011 ------------------------------------------------------ Dated this the 18th day of October, 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.583 of 2011 of Nileshwar Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The date of occurrence was on 18.9.2011. The de facto complainant is aged 30 years. The petitioner was arrested on 20.9.2011. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, BAIL APPL. NO.8391 OF 2011 :: 2 :: the nature of the offence and the present stage of investigation, 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 Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Hosdurg, 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 and Thursdays for a period of two months and thereafter, 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 try to influence the prosecution witnesses or tamper with the evidence; 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/