IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 23RD NOVEMBER 2009 / 2ND AGRAHAYANA 1931 Bail Appl..No. 6726 of 2009() ----------------------------- CRIME NO.491/09 OF CHERUTHURUTHI POLICE STATION .................... PETITIONER/IST ACCUSED ------------------------------------------ SHAJI,S/O.DHARMARAJAN,NELLICKAL HOUSE, THALASSERI DESOM,THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA,REPRESENTING S.I.OF POLLICE, CHERUTHURUTHI,THRISSUR,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6726 of 2009 --------------------------------------------- Dated this the 23rd day of November, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.491 of 2009 of Cheruthuruthi Police Station, Thrissur District. 2. The offences alleged against the petitioner are under Sections 363 and 376 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 14.8.2009. The petitioner was arrested on 29.10.2009. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 5. 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.6726/2009 2 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 Judicial Magistrate of the First Class, Wadakkanchery, 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 csl