IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Bail Appl..No. 5405 of 2011() ----------------------------- CRIME NO.188/2011 OF CHERUTHURUTHY POLICE STATION, THRISSUR .................... PETITIONER/ACCUSED : ---------------------------- HUSSAIN,S/O.IBRAHIM, POOLAKKAPARAMBIL HOUSE,PANJAL VILLAGE,DESOM,CHERUTHURUTHY. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5405 of 2011 --------------------------- Dated this the 13th day of July, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.188 of 2011 of Cheruthuruthy Police Station, Thrissur District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The date of occurrence was on 19.5.2011. The petitioner was arrested on 20.5.2011. Charge sheet was filed on 18.6.2011. The case was pending as C.P.No.47 of 2011 on the file of the court of the Judicial Magistrate of the First Class, Wadakkanchery. It is submitted by the learned counsel for the petitioner that the committal proceedings are over and the case was committed to the Sessions Court, Thrissur. BA 5405/2011 2 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 that the charge was laid, 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 ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Sessions Court, Thrissur, subject to the following conditions: A) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; B) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; C) 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