IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Bail Appl..No. 4462 of 2009() ----------------------------- CMP.4561/2009 of J.M.F.C.-II, KOLLAM CRIME NO. 563/2009 OF KOTTIYAM POLICE STATION .................... PETITIONER: -------------------- SIVALAL @ RADHA, S/O. SIVADASAN, RESIDING AT PULIMOOTTIL VEEDU, KANJAMTHALA, UMAYANALLOOR CHERI, MAYYANAD VILLAGE, KOLLAM DIST. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT: ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM, THROUGH THE SUB INSPECTOR OF POLICE, KOTTAYAM POLICE STATION. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4462 of 2009 ------------------------------------ Dated this the 27th day of August, 2009 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. 563/2009 of Kottiyam Police Station. 2. The offences alleged against the petitioner are under Sections 377, 511 of 376 of the Indian Penal Code. 3. The date of occurrence was on 14.07.2009. The petitioner was arrested on 17.07.2009 and he is in judicial custody since then. 4. It is submitted by the learned Public Prosecutor that the investigation is at the final stage. 5. 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. 6. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each B.A. No. 4462 of 2009 2 for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kollam 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 Kottiyam Police Station for a period of one month. 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 B.A. No. 4462 of 2009 3 ln