IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 Bail Appl..No. 7207 of 2009() ----------------------------- CRIME NO.267/09 OF ARYANCODE POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- JOHN, S/O.STEPHEN, AGED 32 YEARS, S.S.BHAVAN, KARUNARAKKODU, ARUVIKKARA P.O., NEDUMANGADU. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7207 of 2009 --------------------------------------------- Dated this the 9th day of December, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.267 of 2009 of Aryancode Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 450 and 376 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The petitioner was arrested on 24.11.2009 and he was remanded to judicial custody. 4. The petitioner had filed Bail Application No.5332 of 2009 for anticipatory bail. An order dated 23rd September, 2009 was passed as per which the petitioner appeared before the investigating officer on 5th and 6th October, 2009. However, the application for anticipatory bail was dismissed on the ground that the petitioner had threatened the de facto complainant with dire consequences. 5. Taking into account the facts and circumstances of the BA No.7207/2009 2 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-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, 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 Aryancode police station limits for a period of one month except for complying with conditions (a) and (b); d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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