IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 Bail Appl..No. 7949 of 2011() ----------------------------- CMP.14059/2011 of J.M.F.C.-I,KOTTARAKKARA CRIME NO.1651/2009 OF KOTTARAKKARA POLICE STATION .................... PEPTITIONER/ACCUSED --------------------------------------- SREE RAM, S/O.SIDHARADHAN, CHINCHU BHAVAN, KATTAYIL, ODANAVATTOM, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7949 of 2011 ---------------------------------------------- Dated this the 03rd day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.1651 of 2009 of Kottarakkara Police Station. 2. The offences alleged against the petitioner are under Sections 450, 376 and 506(i) of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. The case of the de facto complainant is that the offence was committed from 03/01/2009 onwards. The matter was reported to the police on 12/10/2009. The petitioner surrendered before court on 22/09/2011 and he was remanded to judicial custody. 5. The learned counsel for the petitioner submitted that police custody of the petitioner was given and his potency test was also conducted. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Bail Appln.No.7949/2011 : 2 : petitioner, the nature of the offences and the present stage of investigation, I am of the view that bail can be granted to the petitioner only with effect from 10/10/2011. 7. The petitioner shall be released on bail with effect from 10/10/2011 on his executing bond for `25,000/-(Rupees Twenty five thousand only) with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Kottarakkara, subject to the following conditions:- A) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class-I, Kottarakkara. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate. B) 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; C) The petitioner shall appear before the investigating officer for interrogation as and when required; Bail Appln.No.7949/2011 : 3 : D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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 skj