IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 Bail Appl..No. 3723 of 2009() -------------------------------------------- CRIME NO.655/2009 OF KUNNAMKULAM POLICE STATION, THRISSUR PETITIONER/ACCUSED: -------------------------------------- BIJOY, S/O. GEORGE, CHEERAN HOUSE, ADUPPUTTI, KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT/ COMPLAINANT: -------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3723 of 2009 ------------------------------------ Dated this the 10th day of July, 2009 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. 655 of Kunnamkulam Police Station, Thrissur. 2. The offence alleged against the petitioner is under Section 366 of the Indian Penal Code. 3. The prosecution case is that on 19/06/2009, while the defacto complainant was traveling in the Autorikshaw driven by the accused, the accused person had diverted the vehicle from the normal route from Chovvanur to Kunnamkulam and had taken the defacto complainant to a place not familiar to her. She asked why she was being taken through that route. Finding that the intention of the petitioner was to commit an offence, she jumped out of the vehicle. Two persons came there on a motor bike. The petitioner was caught hold of. The matter was reported to the police. The defacto complainant sustained injuries due to the fall from the Authorikshaw. 4. The petitioner was arrested on 19/06/2009 itself and B.A. No.3723 /2009 Page numbers he is in judicial custody. 5. The learned counsel for the petitioner submitted that the investigation is almost completed. The learned Public Prosecutor submitted that investigation is not complete and that some more facts and materials are to be collected. The counsel for the petitioner submitted that the petitioner is prepared to comply with any conditions that may be imposed for granting bail. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 7. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kunnamkulam subject to the following conditions:- A) The petitioner shall report before the Investigating Officer on every day between 9 A.M. and 11 A.M. for a period of two months or till the final report is B.A. No.3723 /2009 Page numbers filed, whichever occurs earlier. 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 scm