IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4578 of 2009() -------------------------------------- CRIME NO.324/2009 OF BALUSSERY POLICE STATION, KOZHIKODE .................... PETITIONER/SOLE ACCUSED ------------------------------------------- MOOSAKOYA, AGED 66 YEARS, S/O.IMBICHI MAMMAD, KORAYIL HOUSE, NANMINDA P.O. BY ADV. SRI.MANSOOR.B.H. SRI.MUHAMMED BASHEER THAYYULLA PARAMBIL RESPONDENT/COMPLAINANT: ------------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, BALUSSERY POLICE STATION, KOZHIKODE DISTRICT. SRI. GIKKU JACOB, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4578 of 2009 ----------------------------- Dated this the 20th day of August, 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. 324/2009 of Balussery Police Station. 2. The offence alleged against the petitioner is under Section 377 of the Indian Penal Code. 3. The victim is a boy studying in the 9th standard. The petitioner filed B.A. No.4099/2009 praying for the grant of anticipatory bail. That Bail Application was dismissed. Later, he surrendered before the court on 4/08/2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the investigation has progressed much and it is at the final stage. 5. The learned counsel for the petitioner submitted that if bail is granted to the petitioner, he is prepared to abide by any conditions that may be imposed by this Court. 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 B.A. No. 4578/ 2009 Page numbers investigation, I am of the view that bail can be granted to the petitioner. 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-II, Perambra subject to the following conditions:- A) 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. B) The petitioner shall appear before the Investigating Officer for interrogation as and when required. C) The petitioner shall not enter the limits of Balussery Police Station for a period of one month except for complying with condition Nos. A and B. 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