IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Bail Appl..No. 4406 of 2009() ----------------------------- CRIME NO.269/2009 OF PALODE POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- SUDHAKARAN, S/O.KOCHU GOVINDAN, VEMBU MANALAYAM THADATHARIKATHU VEEDU, ANADU MURI, KURUPUZHA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.P.P.BIJU SRI.NITHIN JACOB RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4406 of 2009 --------------------------------------------- Dated this the 10th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.269 of 2009 of Palode Police Station. 2. The offences alleged against the petitioner are under Section 511 of 376 and Section 506(1) of the Indian Penal Code. 3. The incident was on 19.6.2009. The victim is none other than the daughter of the petitioner. The case diary would disclose that there was an attempt on the part of the petitioner to commit similar offence on an earlier occasion. The offence alleged is a heinous offence. The petitioner was arrested on 22.6.2009. 4. Since the investigation is almost complete, I do not think that it is necessary to detain the petitioner further. At the same time, the petitioner should not be allowed to enter into the limits of Palode Police Station until further orders. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.4406/2009 2 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 on stringent conditions. 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, Nedumangad, 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 into the limits of Palode Police Station until further orders 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