IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Bail Appl..No. 4700 of 2009() ----------------------------- PETITIONER/ACCUSED -------------------------------------- DR.JOHNSON V.IDIKULA @ BIJU, AGED 38 YEARS, VALAYIL VEEDU, ANAPARAMBIL THEKKU MURI, THALAVADI VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.K.C.PETER RESPONDENT: COMPLAINANT/STATE -------------------------------- STATE REP.BY DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE THIRUVALLA, REP. THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4700 OF 2009 ------------------------------------------------------ Dated this the 27th August, 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.701 of 2009 of Thiruvalla Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The alleged incident was in February, 2008. The de facto complainant gave the First Information Statement on 24.7.2009. The petitioner was arrested in connection with Crime No.589 of 2009 of Thiruvalla Police Station and he was produced before Court on production warrant on 28.7.2009. 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. B.A. NO. 4700 OF 2009 :: 2 :: 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Thiruvalla, 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 leave the limits of Thiruvalla Police Station without giving prior intimation in writing to the Station House Officer, Thiruvalla Police Station; d) The petitioner shall surrender his passport, if any, before the Court of the Judicial Magistrate of the First Class, Thiruvalla. If the petitioner does not have any passport, he shall file an affidavit to that effect before Court; e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; g) 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 ahz/