IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4703 of 2009() --------------------------------------- CR. NO.143/09 OF KOLAVALLUR POLICE STATION, KANNUR DISTRICT. ........... PETITIONER (S)/ACCUSED -------------------------------------- MATHATH CHANDRAN @ M.CHANDRAN AGED 43 YEARS, MATHATH HOUSE, THRIPPANGOTTOOR AMSOM, DESOM, THALASSERY TALUK. BY ADV. MR.V.V.ASOKAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, (S.H.O.KOLAVALLUR POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4703 of 2009 ------------------------------------ Dated this the 26th day of 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 accused No.2 in Crime No. 143/2009 of Kolavallur Police Station. 2. The offences alleged against the petitioner are under Sections 376(g) and 506(i) of the Indian Penal Code. 3. The incident was on 17/6/2009. The petitioner was arrested on 6/7/2009. He is in judicial custody since then. All the accused persons were arrested . The investigation has progressed much and 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 bond for Rs.25,000/- with two solvent sureties each for the like B.A. No. 4703/2009 2 amount to the satisfaction of the Chief Judicial Magistrate, Thalassery 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 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