IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 Bail Appl..No. 109 of 2010 CRIME NO.384 OF 2009 OF VALLIKUNNAM POLICE STATION, ALAPPUZHA PETITIONER/ACCUSED -------------------------------------- KRISHNANKUTTY,AGED 42 YEARS, S/O.THANKAN,KAROOR THEKKATHIL, KATTANAM MURI, KATTANAM VILLAGE. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS: COMPLAINANT -------------------------- 1. SUB INSPECTOR OF POLICE, VALLIKUNNAM POLICE STATION. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 109 OF 2010 ------------------------------------------------------ Dated this the 14th day of January, 2010 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.384 of 2009 of Vallikunnam Police Station, Alappuzha. 2. The offences alleged against the petitioner are under Sections 354 and 377 of the Indian Penal Code. 3. The prosecution case is that on 22.11.2009, the petitioner aged 42, committed the offence on a ten year old girl. The petitioner is the neighbour of the girl. The petitioner was arrested on 2.12.2009 and he was remanded to judicial custody. 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 on stringent conditions. B.A. NO. 109 OF 2010 :: 2 :: 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class, Kayamkulam, subject to the following conditions: a) The petitioner shall appear before the Circle Inspector of Police, Kayamkulam 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 into the limits of Vallikunnam Police Station, till the final report is filed or until further orders; 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/