IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Bail Appl..No. 7398 of 2009() ----------------------------- AGAINST THE ORDER IN C.P 187/2009 IN LP.87/2006 of J.M.F.C.-II,KOTTARAKKARA CRIME NO.324/2000 OF CHADAYAMANGALAM POLICE STATION. .................... PETITIONER/2ND ACCUSED: -------------------------------------- ANILKUMAR @ ANI, S/O.THANKAPPAN NELLIVILA VEEDU, MANNAMPARAMBU, AKKONAM MURI, CHADAYAMANGALAM VILLAGE, KOTTARAKKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS/STATE: -------------------------------- 1. STATE OF KERALA, REP. BY ITS DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, CHADAYAMANGALAM POLICE STATION. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7398 of 2009 ------------------------------------ Dated this the 16th day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.324/2000 of Chadayamangalam Police Station. 2. The offences alleged against the petitioner are under Sections 366A and 376 (g) of the Indian Penal Code. 3. The offence was allegedly committed in the year 2000. It is stated that the petitioner went abroad and thereafter he was not available in India. The petitioner was arrested on 18/11/2009 and he was remanded to judicial custody. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner and the nature of the offence, I am of the view that bail can be granted to the petitioner on stringent conditions. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kottarakara subject to the following conditions:- B.A. No. 7398 /2009 2 A) The petitioner shall appear before the Station House Officer, Chadayamangalam Police Station between 9 A.M. and 11 A.M. on all Mondays until further orders. B) The petitioner shall surrender his Passport before the Court of the Judicial Magistrate of the First Class -II, Kottarakara. 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 scm