IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Bail Appl..No. 8072 of 2011 ----------------------------- AGAINST THE ORDER DATED 27/09/2011 IN CP133/2011 IN CMP.6247/2011 of J.M.F.C.-II,HOSDRUG CRIME NO.137/2008 OF NEELESWARAM POLICE STATION, KASARGOD DISTRICT .................... PETITIONER/ACCUSED ---------------------------------- SANTHOSH, S/O. RAJAN, AGED 36 YEARS, THATTUVILA HOUSE, INCHAVILA P.O., KOLLAM DISTRICT. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.137/2008 OF NEELESWARAM POLICE STATION, KASARGOD DISTRICT) BY PUBLIC PROSECUTOR, SRI.V.MANU. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: MM K.T.SANKARAN, JUDGE --------------------------------------- B.A.No.8072 of 2011 ---------------------------------------- Dated this the 4th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused in Crime No. 137 of 2011 of the Neeleswaram Police Station. 2. The offence alleged against the petitioner is under Sections 366 and 376 of the Indian Penal Code. 3. Petitioner surrendered before court on 27.9.2011 and he was remanded to judicial custody . 4. Heard learned counsel for the petitioner and the learned Public Prosecutor. 5. I also perused the final report submitted by the investigating officer. Charge sheet was filed in the case and the case is now pending as CP No.133/2011 on the file of the Court of Judicial Magistrate of First Class II, Hosdurg. 6. 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 that the charge was laid, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on his B.A.No.8072 of 2011 2 executing bond for Rs.25,000 (Rupees Twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Hosdurg, subject to the following conditions: A) The petitioner shall appear before the Court on all the posting dates except on such dates on which the court grants exemption. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 rkc