IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 4632 of 2009 CRIME NO.202 OF 2009 OF VELLARADA POLICE STATION CMP.5448/2009 of J.M.F.C.-III,NEYYATTINKARA PETITIONER: ACCUSED: ------------------------------ SAHAJAN @ SAJAN, S/O.THANKAYYAN, SAJITH BHAVAN, ARUVATTUKONAM, VELLARADA DESOM, VELLARADA VILLAGE. BY ADV. SRI.JOBY CYRIAC RESPONDENT: COMPLAINANT & STATE: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4632 OF 2009 ------------------------------------------------------ Dated this the 7th September, 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.202 of 2009 of the Vellarada Police Station. 2. The offences alleged against the petitioner are under Sections 354 and 377 of the Indian Penal Code. 3. The victim is the daughter of the accused. The incident occurred on 4.7.2009. The petitioner was arrested on 7.7.2009 and he is in judicial custody since then. It is submitted by the learned counsel for the petitioner that the relationship between the petitioner and his wife was not cordial and that was the reason why the case was foisted against him. The wife and daughter of the petitioner continue to reside in the house. The petitioner is prepared to abide by any condition, including a condition that he should not reside in that house until otherwise permitted by the court. B.A. NO. 4632 OF 2009 :: 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. 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-III, Neyyattinkara, 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 remain or stay or visit the house in which his wife and daughter are residing, until otherwise permitted by an order passed by this Court; d) The petitioner shall not enter into the limits of Vellarada Police Station, for a period of two months except for complying with conditions (a) and (b); e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; B.A. NO. 4632 OF 2009 :: 3 :: f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; g) 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/