IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Bail Appl..No. 8917 of 2011 CRIME NO.1555 OF 2011 OF NEYYATTINKARA POLICE STATION. PETITIONER : ACCUSED NO.4: ------------------------------ SHAMSUDEEN, S/O.MEERA SAHIB, PLAVILA PUTHENVEEDU,T.B. JUNCTION, KADAVATTAROM DESOM,NEYYATTINKARA VILLAGE BY ADV. SRI.G.SUDHEER RESPONDENT: STATE: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI. K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8917 OF 2011 ------------------------------------------------------ Dated this the 2nd day of November, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.4 in Crime No.1555 of 2011 of Neyyattinkara Police Station. 2. The offences alleged against the accused are under Sections 354, 377 and 376 read with Section 34 of the Indian Penal Code. 3. The victim is a minor girl studying in 6th standard. The allegation is that the petitioner committed the offence under Section 377 of the Indian Penal Code. The petitioner was arrested on 17.9.2011 and he was remanded to judicial custody. 4. B.A.No.8238 of 2011 filed by the petitioner was dismissed as per the order dated 19.9.2011. The investigation has progressed much thereafter. BAIL APPL. NO. 8917 OF 2011 :: 2 :: 5. 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, however, only with effect from 16.11.2011. 6. The petitioner shall be released on bail only on 16.11.2011 on his executing bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, 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 and Thursdays for a period of one month and thereafter, 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; BAIL APPL. NO. 8917 OF 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 ahz/