IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Bail Appl..No. 4230 of 2009() ----------------------------- CRIME NO.167/2009 OF KARUKACHAL POLICE STATION .................... PETITIONER (S): ACCUSED ------------------------------------- LIJO, S/O. THANKACHAN, KIZHAKUMKARA HOUSE, MANTHURUTHY, NEDUMKUNNAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): --------------- THE SUB INSPECTOR OF POLICE, KARUKACHAL, REPRESENTED BY PUBLIC PROSEUCOTR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4230 of 2009 --------------------------------------------- Dated this the 31st day of July, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.167 of 2009 of Karukachal Police Station. 2. The offences alleged against the petitioner are under Sections 366 and 376 of the Indian Penal Code. 3. On 30.5.2009, the mother of the victim informed to the police that her daughter was missing. The crime was registered. On the same night, the accused and the missing girl were found in a house. The victim is a minor girl aged only 15 years. The petitioner was arrested. He is in judicial custody since 31.5.2009. The investigation is almost over. 4. 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 on stringent conditions. BA No.4230/2009 Page numbers 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, Changanacherry, 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 the limits of Karukachal police station for a period of two months 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