IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Bail Appl..No. 6596 of 2009() ----------------------------- CRIME NO.475/2009 OF KASARAGOD POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- ABDUL KHADER, AGED 23/09, S/O. KADAVATH ABDULLA, KADAVATHU HOUSE, NEAR PERUMBALA BRIDGE, CHENKALA GRAMA, KASARAGOD. BY ADV. SRI.T.B.SHAJIMON SMT.GOVINDU P.RENUKADEVI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6596 of 2009 --------------------------------------------- Dated this the 17th day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.475 of 2009 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 376 and 313 of the Indian Penal Code. 3. The petitioner was arrested on 25.10.2009 and he is in judicial custody since then. 4. It is submitted that one Fathimath Zuhra was the victim and more than 15 cases have been registered against various persons for having committed similar offences against the victim. 5. It is submitted by the learned counsel for the petitioner that the petitioner is prepared to abide by any condition that may be imposed by this Court as a condition for grant of bail. 6. 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. BA No. 6596/2009 2 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-I, Kasaragod, 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, Wednesdays and Saturdays, 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 surrender his passport, if any, before the Judicial Magistrate of the First Class, Kasaragod. If the petitioner is not a passport holder, an affidavit shall be filed to that effect; d) The petitioner shall not enter into the limits of Kasaragod Police Station for a period of one month except for complying with conditions (a) and (b); 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 csl