IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Bail Appl..No. 9566 of 2011() ----------------------------- CMP.9419/2011 of J.M.F.C.-I, KOLLAM CRIME NO.1865/2011 OF KUNDARA POLICE STATION .................... PETITIONER/ACCUSED : --------------------- VINOD, S/O.MADANAN, AGED 26 YEARS, VINOD BHAVAN, CHENTHIYODU COLONY, MULAVANA CHERRY, MULAVANA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: COMPLAINANTS/STATE --------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM DISTRICT, PIN 691501. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9566 of 2011 ---------------------------------------------- Dated this the 25th day of November, 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.1865 of 2011 of Kundara Police Station. 2. The offence alleged against the petitioner is under Section 377 of the Indian Penal Code. 3. The prosecution case is that on 03/11/2011, the accused committed the offence against a boy aged 8 years, who was alone in his house. It is alleged that the boy was taken to the house of the accused and he committed the offence. 4. The petitioner was arrested on 04/11/2011 and he was remanded to judicial custody. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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 Bail Appln.No.9566/2011 : 2 : investigation, I am of the view that bail can be granted to the petitioner only with effect from 12/12/2011. 7. The petitioner shall be released on bail with effect from 12/12/2011 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, Kollam, 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 and Thursdays for a period of two months and thereafter on 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. Bail Appln.No.9566/2011 : 3 : 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 skj True copy P.A. to Judge