IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 Bail Appl..No. 5354 of 2009() ----------------------------- CMP.6443/2009 of J.M.F.C., KODUNGALLUR CRIME NO.907/2009 OF KODUNGALLUR POLICE STATION. .................... PETITIONER/ACCUSED: -------------------------------------- JAVED @ CHINNU,S/O.SALIM,ERAMANGALATH HOUSE,EDAMUKKU, METHALA,KODUNGALLUR,THRISSUR. BY ADV. SRI.BABU KARUKAPADATH SRI.K.A.NOUSHAD SRI.P.G.PRAMOD RESPONDENT/ COMPLAINANT: ----------------------------------------------- STATE OF KERALA REPRESENTED BY SUB-INSPECTOR OF POLICE,KODUNGALLUR THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5354 of 2009 ------------------------------------ Dated this the 23rd day of September, 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.907/2009 of Kodungallur Police Station. 2. The offences alleged against the petitioner are under Sections 366A and 376 of the Indian Penal Code. 3. The victim was aged below 16 years at the relevant time. The incident occurred between 18/8/2009 and 23/8/2009.The victim as well as the accused were studying in the nearby schools. The petitioner was arrested on 25/8/2009 and he was remanded to judicial custody. It is submitted that the investigation is at the final stage. 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. 5. The petitioner shall be released on bail on his executing B.A. No. 5354/ 2009 2 bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kodungallur 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 surrender his passport before the court of Judicial Magistrate of the First Class, Kodungallur. 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