IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 Bail Appl..No. 1652 of 2010() --------------------------------- CRIME NO. 193/2009 0F KELAKAM POLICE STATION, KANNUR DISTRICT .................... PETITIONER/ACCUSED NO.1: ---------------------------------- THOTTATHIL RAJU @ AUGUSTINE S/O.SEBASTIAN, 47 YEARS, THOTTATHIL HOUSE, KASNICHAR AMSOM, KOLAKKAD, THALASSERY. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT/STATE & COMPLAINANT: ----------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE S.H.O.KELAKAM POLICE STATION, THALASSERY, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ------------------------ B.A. No. 1652 of 2010 ------------------------------------ Dated this the 22nd day of March, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No. 193/2009 of Kelakam Police Station, Kannur District. 2. The offences alleged against the petitioner is under Sections 354, 376 and 120-B read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 27.09.2009. The petitioner was arrested on 09.02.2010. 4. It is submitted that accused No.2 was granted bail. 5. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the Case Diary and particularly the certificate issued by the Medical Officer. 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 Rs.25,000/- with two solvent sureties each for the like B.A. No. 1652 of 2010 2 amount to the satisfaction of the Judicial Magistrate of the First Class, Kuthuparamba 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 surrender his passport before the Court of the Judicial Magistrate of the First Class, Kuthuparamba within one week from the date of release on bail. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him to that effect shall be filed before the learned Magistrate within one week. 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 ln