IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 Bail Appl..No. 5413 of 2009() ----------------------------- CRIME NO.404/2009 OF VITHURA POLICE STATION .................... PETITIONER (S): ACCUSED. ---------------------------- SIDDIQ, S/O.ABDUL VAHAB, AGED 23, THADATHARIKATHU SUMAYYA MANZIL, THOTTAMUKKU, CHITTUVEETTUMURI, THOLICODE VILLAGE. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE. --------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VITHURA POLICE STATION, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5413 of 2009 --------------------------------------------- Dated this the 24th day of September, 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.404 of 2009 of Vithura Police Station. 2. The offences alleged against the petitioner are under Sections 366 and 376 of the Indian Penal Code. 3. The petitioner was arrested on 30.7.2009. He is in judicial custody since then. The petitioner moved an application for bail before the learned Sessions Judge which was dismissed by the order dated 28th August 2009. The investigation has progressed much thereafter. 4. Taking into account the facts and circumstances of 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. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like BA No.5413/2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class-II, 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 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 csl