IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 Bail Appl..No. 5342 of 2011() ---------------------------------------- CRIME NO.436/2011 OF CHANDERA POLICE STATION, KASARAGOD DISTRICT ----------------------------- PETITIONER/ACCUSED -------------------------------------- SHAMSUDEEN FIZY, S/O.MAMMU, AGED 31 YEARS, DARUL HUDA HOUSE, ANANDAMPALLA, NOW RESIDING AT HIBA QUARTERS, KANHANGAD, KANHANGAD VILLAGE AND POST, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE ------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, CHANDERA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. --------------------------------- B.A.No.5342 OF 2011 --------------------------------- Dated this the 8 th day of July, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The Petitioner is the accused in Crime No.436 of 2011 of the Chandera Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section377 of the Indian Penal Code. 3. The petitioner was arrested on 25.5.2011. It is submitted that after completing the investigation charge was laid on 22.6.2011. 4. The learned Public Prosecutor submitted that the petitioner is involved in Crime Nos.117 of 2009 and 140 of 2009 of Hosdurg Police Station. In the former case, the B.A.No.5342 OF 2011 2 offence alleged is under Section 376 of the Indian Penal Code and in the latter case, the offence alleged is under Section 354 and 294(b) read with 34 of the Indian Penal Code. 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 that the charge was laid, 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 `25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class- I, Hosdurg,subject to the following conditions: A) The petitioner shall not enter into the Police Station limits of Chandera Police Station until the trial is over. B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. C) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No.5342 OF 2011 3 The Bail Application is allowed as above. K.T.SANKARAN, JUDGE. cms