IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 Bail Appl..No. 5260 of 2011() ----------------------------- CRIME NO.209/2011 OF CHAKKARAKKAL POLICE STATION PETITIONER/ACCUSED -------------------------------------- VAISAKH, AGED 24 YEARS, S/O. VIJAYAN, VINDYA NIVAS, KANICHERI CHAPPA, POST ECHOOR, KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- STATE OF KERALA, REPRESENTED BY STATION HOUSE OFFICER, CHAKKARAKKAL POLICE STATION, KANNUR. (THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA). PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5260 of 2011 --------------------------- Dated this the 6th day of July, 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 sole accused in Crime No.209 of 2011 of Chakkarakkal Police Station, Kannur District. 2. The offence alleged against the petitioner is under Section 511 of Section 376 of the Indian Penal Code. 3. The prosecution case is that on 25.4.2011, the petitioner attempted to commit rape on the de facto complainant. The FIR was registered under Section 376 IPC. The learned Public Prosecutor submitted that later the offence was altered to Section 511 of Section 376 IPC. The petitioner was arrested on 11.5.2011 and he was remanded to judicial custody. B.A.No.5260/2011 2 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. The petitioner shall be released on bail on his executing bond for ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Chief Judicial Magistrate, Thalassery, subject to the following conditions: A) The petitioner shall not enter into the limits of Chakkarakkal Police Station for a period of one month except for complying with conditions B and C; B) 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; 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; B.A.No.5260/2011 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 csl