IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 Bail Appl..No. 5551 of 2009 CRIME NO.447 OF 2009 OF ERAVIPURAM POLICE STATION, KOLLAM PETITIONER: ACCUSED: ------------------------------ BINU.I, S/O.SASIDHARAN, RESIDING AT PATHANAPPALLITHODIYIL VEEDU, ILLAM NAGAR -215 NEAR SERPPAKKAVU, VALATHUNGAL CHERI, ERAVIPURAM VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, THROUGH THE SUB INSPECTOR OF POLICE ERAVIPURAM POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5551 OF 2009 ------------------------------------------------------ Dated this the 1st day of October, 2009 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.447 of 2009 of Eravipuram Police Station. 2. The offences alleged against the petitioner are under Sections 366A and 376 of the Indian Penal Code. 3. The petitioner was arrested on 8.9.2009 and he was remanded to judicial custody. The application for bail submitted by the petitioner was dismissed by the learned Magistrate as per the order dated 8.9.2009. It is submitted by the learned Public Prosecutor that the investigation is in progress. Potency test was conducted. 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. B.A. NO. 5551 OF 2009 :: 2 :: 5. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class- II, Kollam, 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, 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 enter the limits of Eravipuram Police Station for a period of two months except for complying with conditions (a) and (b); d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; 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 ahz/