IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 Bail Appl..No. 4697 of 2009 CRIME NO.362 OF 2009 OF VADAKKANCHERRY POLICE STATION, PALAKKAD APPLICANT/ACCUSED ------------------------------------- MAJEED.S.,AGED 23 YEARS, S/O. SULAIMAN, OORKKULAM HOUSE, PUTHIYAMKAM, ALATHUR. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE S.I.OF POLCIE, VADAKKANCHERRY POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4697 OF 2009 ------------------------------------------------------ Dated this the 21st August, 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.362 of 2009 of Vadakkancherry Police Station, Palakkad District. 2. The offences alleged against the petitioner are under Sections 366 and 376 of the Indian Penal Code. 3. The incident alleged was on 15.12.2008 and on subsequent dates. The First Information Report was registered on 22.7.2009. Meanwhile, the de facto complainant gave birth to a child on 17.7.2009. The petitioner was arrested on 23.7.2009 and he was produced before Court on 24.7.2009. The petitioner was remanded to judicial custody. The application for bail submitted by the petitioner was dismissed by the learned Sessions Judge by the order dated 13.8.2009. B.A. NO. 4697 OF 2009 :: 2 :: 4. It is submitted by the learned Public Prosecutor that the investigation is at the final stage. 5. 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. 6. 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, Alathur, 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, 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 into the limits of Vadakkancherry Police Station for a period of one month, except for complying with conditions (a) and (b); d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; B.A. NO. 4697 OF 2009 :: 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 ahz/