IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Bail Appl..No. 5205 of 2011() ----------------------------------------- (CRIME NO.243/11 OF VELLARIKUNDU POLICE STATION, KASARAGOD DISTRICT) ........ PETITIONER/ACCUSED NO.1: ------------------------------------------- DINESHAN.P., AGED 25 YEARS, S/O.KUNHAMBU, PAYANGAPPADAN VEEDU, PLATHADAMTHATTU, PARAPPA VILLAGE, KASARGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.T.SANKARAN, J. --------------------------------- B.A.No.5205 OF 2011 --------------------------------- Dated this the 11th 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.243 of 2011of the Vellarikundu Police Station, Kasaragod District. 2.The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3.The petitioner was arrested on 14.5.2011 and he is in judicial custody since then. 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.5205 OF 2011 2 5.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 II, Hosdurg, subject to the following conditions: A) The petitioner shall not enter into the limits of Vellarikundu Police Station and Hosdurg Police Station for a period of 45 days except for the purpose of complying with conditions B & C. 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