IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 Bail Appl..No. 5169 of 2011 CMP.4205/2011 OF J.M.F.C.-I, CHENGANNUR CRIME NO.379 OF 2011 OF CHENGANNUR POLICE STATION, ALAPPUZHA. PETITIONER/ACCUSED -------------------------------------- BIJU, S/O. GOPALAN, PALLIPARAMBIL PANDANADU. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA THROUGH SUB INSPECTOR OF POLICE, CHENGANNUR. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5169 OF 2011 ------------------------------------------------------ Dated this the 19th day of July, 2011 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.379 of 2011 of Chengannur Police Station, Alappuzha District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The petitioner was arrested on 11.5.2011 and he was remanded to judicial custody. The learned Public Prosecutor submitted that the petitioner is involved in four other cases including a case where the offence alleged is under Section 307 of the Indian Penal Code. 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 on stringent conditions. BAIL APPL. NO.5169 OF 2011 :: 2 :: 5. The petitioner shall be released on bail on his executing bond for Rupees Fifty thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Chengannur, subject to the following conditions: a) The petitioner shall not enter into the limits of Chengannur Police Station for a period of three months, except for complying with conditions (b) and (c); b) 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; c) The petitioner shall appear before the investigating officer for interrogation as and when required; 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 ahz/