IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 Bail Appl..No. 207 of 2010() ---------------------------- CRIME NO.842/2009 OF PARASSALA POLICE STATION .................... PETITIONER(S): ACCUSED ------------------------------------- SATHY, AGED 29 YEARS S/O.THAPAZIMUTHU, PALIYODU MEKKUMKARA PUTHEN VEEDU ANAVOOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT ------------------------------------------ STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM ,REPRESENTING CIRCLE INSPECTOR OF POLICE PARASSALA POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.207 of 2010 --------------------------------------------- Dated this the 20th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.842 of 2009 of Parassala Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. It is stated that the petitioner and the victim were working in the same shop and that they were in love with each other. They were found missing. Later, the petitioner was arrested on 2.1.2010 along with the girl. 4. The learned public prosecutor submitted that the petitioner is a married man having two children and that marital relationship is still subsisting. 5. The learned counsel for the petitioner submitted that the girl did not go with her parents and she is at present residing with the parents of the petitioner. The learned counsel for the petitioner also submitted that the wife of the petitioner had abandoned him. The petitioner is in judicial custody since 2.1.2010. BA No.207/2010 2 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. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Neyyattinkara, 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 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 csl