IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 Bail Appl..No. 6180 of 2010() ---------------------------- CMC NO. 115/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT – I, PERAMBRA CRIME NO. 232/2009 OF PERAMBRA POLICE STATION, KOZHIKODE ................................. PETITIONER / ACCUSED NO.1 : -------------------------------------------- V.P.IBRAHIM, S/O.MUHAMMAD, AGED 62 YEARS, VANNATHIPARAMBIL HOUSE, PALERY TOWN P.O., KUTTIYADI, KOZHIKODE DISTRICT. BY ADV. SRI. M. MUHAMMED SHAFI RESPONDENT / COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.6180 of 2010 ------------------------------------------------ Dated this the 8th day of October, 2010 ORDER In this petition filed under Section 439 Cr.P.C. the petitioner who is accused No.1 in Crime No.232 of 2009 of Perambra Police Station for offences punishable under Sections 376, 323, 452 & 354 read with Section 34 I.P.C. and 3(1)(XI) (XII) of SC/ST PA Act, seeks his enlargement on bail. The petitioner was surrendered on 28/9/2010. 2. I heard the learned counsel for the petitioner and the learned Public Prosecutor. 3. Having regard to the nature of the offences, the duration of judicial custody undergone by the petitioner, the present stage of investigation of the case, the other circumstances of the case etc. and having further regard to the fact that the victim has voluntarily stated before the Magistrate when her statement was recorded under Section 164 Cr.P.C. that she has no complaint against A1, I am inclined to grant bail to the petitioner with effect from a future date. Accordingly, the petitioner is directed to be released on bail with effect from 15/10/2010 on his executing a bond for Bail Appln.No.6180/2010 : 2 : Rs.15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Perambra and subject to the following conditions:- 1. The petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall make himself available for interrogation as and when required by the police till the filing of the final report. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE skj