IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Bail Appl..No. 4503 of 2009() ------------------------------------------ CRIME NO.39/2006 OF KADIRUR POLICE STATION, KANNUR .................... PETITIONER/2ND ACCUSED ------------------------------------------ K.V.ROOPESH, S/O.RAGHUNATHAN, 26 YEARS, SREYAS, PINARAYI AMSOM, THALASSERRY TALUK, KANNUR DIST. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT/ COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4503 of 2009 ------------------------------------ Dated this the 13th 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 the second accused in Crime No. 39/2006 of Kadirur Police Station, Kannur. 2. The offences alleged against the petitioner are under Sections 366 and 376 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 18/04/2006. The petitioner states that he went abroad and therefore he was not aware of the filing of the charge sheet or the proceedings pending before the court. He came to India on the death of his father, submits the petitioner. The petitioner was arrested on 22/07/2009 and he was remanded to judicial custody. 4. The committal proceedings are going on. The petitioner submits that he is working abroad and unless he joins duty within a few days, it is likely that he may lose his job. It is also pointed out that there is no allegation of any overt act on the part of the second accused in the matter of offence under Section B.A. No.4503/2009 Page numbers 376 of the Indian Penal Code. He was the driver of the vehicle, in which, the offence is alleged to have been committed. There is no allegation that the petitioner has done any overt act. 5. Taking into account the facts and circumstances of the case, the nature of the offences and the allegations levelled against the different accused persons in the case and absence of any overt act alleged against the petitioner and also taking into account the fact that the petitioner is employed abroad, I am of the view that bail can be granted to the petitioner on stringent conditions. 6. The petitioner shall be released on bail on his executing bond for Rs.1,00,000/- with two solvent sureties each for the like amount to the satisfaction of the Additional Chief Judicial Magistrate, Thalassery and also on the following conditions:- A) Apart from executing bond mentioned above, the petitioner shall deposit a sum of Rs.50,000/- before the Additional Chief Judicial Magistrate,Thalassery. If the petitioner fails to appear on the date or dates on which he is specifically directed to appear, this amount shall be forfeited. B) The petitioner shall not try to influence the prosecution witnesses or tamper with the B.A. No.4503/2009 Page numbers evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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