IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 Bail Appl..No. 5763 of 2011() ----------------------------- CRIME NO.331/2011 OF POTHENCODU POLICE STATION THIRUVANANTHAPURAM PETITIONER/ACCUSED --------------------- SASIDARAN @ SASI, S/O.CHELLAPPAN AMBADI VEEDU, PACHAKKATTIL VEEDUL, MAMKUCHY,'KUTHIRAKULAM' WARD MANIKKAL VILLAGE. BY ADV. SRI.M.R.SARIN RESPONDENT: --------------- STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5763 of 2011 ---------------------------------------------- Dated this the 21st 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.331 of 2011 of Pothencodu Police Station, Thiruvananthapuram District. 2. The offence alleged against the petitioner is under Section 511 of 376 of the Indian Penal Code. 3. The petitioner was arrested on 04/06/2011. The allegation is that during the period from 18/04/2011 to 30/05/2011, the petitioner committed the offence. The victims are two minor girls who are twins aged 8 years. The petitioner is a relative of the de facto complainant's husband. The learned counsel for the petitioner submitted that the case is foisted against the petitioner and there is no material to connect the petitioner with the offence. It is not necessary to decide that question in this bail application. 4. The investigation of the case has progressed much. The petitioner is aged 61 years. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the Bail Appln.No.5763/2011 : 2 : 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. 6. The petitioner shall be released on bail on his executing bond for `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-I, Attingal, subject to the following conditions: A) The petitioner shall not enter into the limits of Pothencode Police Station for a period of three months. B) 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; C) The petitioner shall appear before the investigating officer for interrogation as and when required; D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. Bail Appln.No.5763/2011 : 3 : E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. F) 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 skj