IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 Bail Appl..No. 6632 of 2011() ----------------------------- CMP.7746/2011 of D.C & SESSIONS COURT,TRIVANDRUM Crime No.360 of 2009 of Kovalam Police Station, Thiruvananathapuram District. .................... PETITIONER:ACCUSED -------------------- SURESH, AGED 24 YEARS,S/O.BABU KALLUKULATHIL MELE VEEDU, THOZHICHAL DESOM,VENGANOOR DESOM. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOVALAM POLICE STATION REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6632 of 2011 ---------------------------------------------- Dated this the 20th day of August, 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.360 of 2009 of Kovalam Police Station, Thiruvananathapuram District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The crime was registered in the year 2009. The petitioner could be arrested only on 21/06/2011. The learned Public Prosecutor submitted that the petitioner was absconding and that was the reason why he could not be arrested. 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 on stringent conditions. Bail Appln.No.6632/2011 : 2 : 5. 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-III, Neyyattinkara, 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 and Thursdays for a period of two months and thereafter 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 surrender his Passport before the Court of the Judicial Magistrate of the First Class-III, Neyyattinkara. If the petitioner does not have a Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. Bail Appln.No.6632/2011 : 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 True copy P.A. to Judge