IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 Bail Appl..No. 5312 of 2011() ----------------------------- CMP.5224/2011 of J.M.F.C.,THIRUVALLA (CRIME NO.5312 OF 2011) .................... PETITIONER: -------------------- SAMSON P.SAM, AGED 18 YEARS, S/O.SAMKUTTY MATHEW, PANNAYKKA PATHALLIL HOUSE, PERUMPETTY, MALLAPPALLY. BY ADV. SRI.T.P.PRADEEP RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.5312 OF 2011 --------------------------------- Dated this the 7th day of July, 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.138 of 2011 of the Perumpetty Police Station, Pathanamthitta District. 2.The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. The petitioner was arrested on 4.6.2011 and he was remanded to judicial custody. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 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. B.A.No.5312 OF 2011 2 5.The petitioner shall be released on bail on his executing bond for Rs.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, Thiruvalla, 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, 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 cms