IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Bail Appl..No. 6252 of 2011 CRIME NO.937 OF 2011 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT. PETITIONER/ACCUSED -------------------------------------- SHIJO P.MATHEW, AGED 21 YEARS, S/O.ABRAHAM MATHEW, PULIYILAYIL HOUSE, VALLAMKULAM, ERAVIPEROOR. BY ADV. SRI.T.P.PRADEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6252 OF 2011 ------------------------------------------------------ Dated this the 5th day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.937 of 2011 of Thiruvalla Police Station, Pathanamthitta District. 2. The offence alleged against the petitioner is under Section 366A of the Indian Penal Code. 3. The date of occurrence was on 2.7.2011. The petitioner was arrested on 11.7.2011 and he was remanded to judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 5. The learned counsel for the petitioner submitted that even if the entire statement of the victim is taken as true, no offence under Section 366A is made out. BAIL APPL. NO.6252 OF 2011 :: 2 :: 6. 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. 7. The petitioner shall be released on bail on his executing bond for Rupees Twenty five thousand 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 alternate 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 ahz/