IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Bail Appl..No. 6037 of 2009() ------------------------------------- CRIME NO.409/2009 OF KATTAKKADA POLICE STATION .................... PETITIONER/ACCUSED: ----------------------------------- JAYAKUMAR, S/O.THAMPIKUNJAN, KUNNUVILA VEEDU, AMBALATHINKALA, PARACHAL MURI, KULATHUMMAL VILLAGE. BY ADV. SRI.S.V.PREMAKUMARAN NAIR SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT/COMPLAINANT: -------------------------------------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6037 of 2009 ------------------------------------ Dated this the 19th day of October, 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.409/2009 of Kattakkada Police Station. 2. The offences alleged against the petitioner are under Sections 420 and 376 of the Indian Penal Code. 3. The petitioner surrendered before the court on 18/9/2009 and he was remanded to judicial custody. The investigation is at the final stage. The petitioner is a Physical Education Teacher. The de facto complainant had also worked as a Higher Secondary School Teacher for a short period. 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. 6037/ 2009 2 amount to the satisfaction of the Judicial Magistrate of the First Class, Kattakkada subject to the following conditions:- A) The petitioner shall report before the Investigating Officer between 9 A.M. and 11 A.M. on all Sundays, 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