IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 Bail Appl..No. 3159 of 2009() ------------------------------------ CRIME NO.113/2009 PF VAZHAKKAD POLICE STATION, MALAPPURAM PETITIONER/ACCUSED: -------------------------------------- MOHAMMED,S/O.BEERANKUTTY HAJI, KARIYAMKAVIL HOUSE,MECHERY, CHURAPPATTA VAZHAKKAD BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT/STATE: ------------------------------------------------------------ 1. THE SUB INSPECTOR OF POLICE, VAZHAKKAD POLICE STATION 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3159 of 2009 ------------------------------------ Dated this the 22nd day of June, 2009 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. 113/2009 of Vazhakkad Police Station, Malappuram. 2. The offences alleged against the petitioner are under Sections 376 and 377 of the Indian Penal Code. Originally the crime was registered under Section 377 of the Indian Penal Code and later Section 376 was also added. 3. The petitioner moved B.A No.2778/2009, which was disposed of by this Court on 28/05/2009 on the ground that 'if the petitioner is released on bail at this stage of investigation, it would affect the proper investigation.' The learned Public Prosecutor submitted that the investigation is in progress and if the petitioner is released on bail, stringent conditions may be imposed. 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 B.A. No. 3159 / 2009 2 petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Malappuram 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, 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 scm