IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 Bail Appl..No. 5734 of 2009 CRIME NO.726 OF 2009 OF UDAYAMPEROOR POLICE STATION PETITIONER/ACCUSED -------------------------------------- K.S.SHIBU, AGED 31,S/O.JOHN,KAROTH HOUSE, MULANTHURUTHY. BY ADV. SRI.C.P.UDAYABHANU SRI.R.HARIKRISHNAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE S.I.OF POLICE, UDAYAMPEROOR POLICE STATION, ERNAKULAM,(CRIME 726/09) REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5734 OF 2009 ------------------------------------------------------ Dated this the 8th 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.726 of 2009 of Udayamperoor Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The petitioner was arrested on 17.9.2009 and he was remanded to judicial custody. The First Information Report was registered on 15.9.2009. It is alleged that the petitioner, who is a married man, made the de facto complainant believe that he is unmarried and had sexual intercourse with her during the period from June 2009 to August 2009. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, B.A. NO. 5734 OF 2009 :: 2 :: 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 for the like amount to the satisfaction of the Additional Chief Judicial Magistrate, Ernakulam, 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, 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 ahz/