IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 Bail Appl..No. 5756 of 2011() ----------------------------- CRIME NO.197/2010 OF PAYYANNUR POLICE STATION PETITIONER/ACCUSED : ----------------------------- PEELERI RAJESH,S/O.AMBU,AGED 28 YEARS, PANAPPUZHA AMSOM PARAVOOR DESOM,PANAPPUZHA PO, TALIPARAMBA TALUK,KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH RESPONDENT(S): COMPLAINANT -------------------------- STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,THROUGH SHO,PAYYANNUR POLICE STATION,KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5756 of 2011 --------------------------- Dated this the 21st day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.197 of 2010 of Payyannur Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The date of occurrence was on 4.2.2010. The petitioner was arrested on 10.6.2011 and he was remanded to judicial custody. 4. Learned Public Prosecutor submitted that after completing the investigation, final report was filed on 21.6.2011. BA 5756/2011 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 that the charge was laid, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Payyannur, subject to the following conditions: A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; C) 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