IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 Bail Appl..No. 7872 of 2009() ----------------------------- CRIME NO.3 OF 2009 OF PUNALUR POLICE STATION PETITIONER: ACCUSED: ------------------------------- SUMESH KUMAR, S/O.SURENDRAN GANESH BHAVAN, BLOCK NO.1, KELANKAVU, PUNALUR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.N.SREEDHARAN RESPONDENT: --------------- STATE OF KERALA BY SUB INSPECTOR OF POLICE, PUNALUR POLICE STATION KOLLAM DISTRICT-REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7872 OF 2009 ------------------------------------------------------ Dated this the 13th day of January, 2010 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.3 of 2009 of Punalur Police Station. 2. The offences alleged against the petitioner are under Sections 376 and 450 of the Indian Penal Code. 3. The prosecution case is that promising to marry the de facto complainant, the petitioner had sexual intercourse with her. The petitioner was arrested on 21.12.2009 and he was remanded to judicial custody. 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. B.A. NO.7872 OF 2009 :: 2 :: 5. 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 – III, Punalur, 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 ahz/