IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 Bail Appl..No. 5292 of 2011() ----------------------------- CMP.4385/2011 of J.M.F.C.-I,HOSDRUG CRIME NO.163/2011 OF RAJAPURAM POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- JAYAN, AGED 48 YEARS, S/O.KARUNAKARAN, CHERUPURAYIDATHIL HOUSE, MAYILPPARA, MEEKKODAM, KODOM VILLAGE, KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE SMT.CISSY MATHEWS RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.5292 OF 2011 --------------------------------- Dated this the 7th 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.163 of 2011 of the Rajapuram Police Station, Kasaragod District. 2.The offences alleged against the petitioner are under Section 376 of the Indian Penal Code and Section 3(1)(XII) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act. 3.The allegation is that the incident occurred 20 years ago. The petitioner was arrested on 15.6.2011 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.5292 OF 2011 2 5.The petitioner shall be released on bail on his executing bond for Rs.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 report before the investigating officer between 9 A.M and 11 A.M on alternate 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 cms