IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Bail Appl..No. 3046 of 2009() ----------------------------- CRIME NO.520/2009 OF IRINJALAKUDA POLICE STATION PETITIONER/3RD ACCUSED ------------------------------------------ RAJESH, AGED 32 YEARS, S/O.CHANDRAN, PUTHUVEETTIL HOUSE, SAMAYA NAGAR, KOTTANALLUR. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): COMPLAINANT -------------------------- THE CIRCLE INSPECTOR OF POLICE, IRINJALAKUDA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------- B.A.No.3046 of 2009 ------------------------------------ Dated this the 10th day of June, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.520 of 2009 of Irinjalakuda Police Station. 2. The offences alleged against the petitioner are under Sections 376(g) and 109 of the Indian Penal Code and Section 3(1)(XI) of the Schedule Caste/Scheduled Tribes (Prevention of Atrocities) Act. 3. The petitioner was arrested on 6.5.2009. The petitioner filed Bail Application No.2655 of 2009 before this Court, which was dismissed on 27th May 2009 on the ground that the investigation is at the initial stage. The learned counsel for the petitioner submitted that the investigation has progressed much and if the petitioner is released on bail, it would not affect the smooth investigation of the case. 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 the present stage of investigation, I am of the view that bail can be granted to the petitioner. BA No.3046/2009 2 5. 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, Irinjalakuda, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Friday, 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 csl