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. 4716 of 2009() ----------------------------- CRIME NO.175/07 OF KUDIYANMALA POLICE STATION PETITIONER/ACCUSED -------------------------------------- NARAYANAN KALLA, S/O.KALLA CHEMMARAN, AGED 28 YEARS, ST PROMOTER, PUTHUSSERY VEEDU, UTHOOR, NADUVIL, THALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.P.BABU RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4716 of 2009 --------------------------------------------- Dated this the 21st day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.175 of 2007 of Kudiyanmala Police Station. 2. The offences alleged against the petitioner are under Sections 376, 450 and 506(i) of the Indian Penal Code. 3. The date of occurrence was on 16.6.2007. It would appear that the de facto complainant filed a complaint before the Magistrate's court which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. The FIR was registered on 8.10.2007. The petitioner surrendered before court on 18.7.2009 and he was remanded to judicial custody. 4. The learned Public Prosecutor submitted that the investigation was completed and the charge was laid on 17.8.2009. BA No.4716/2009 2 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 fact that the charge was laid on 17.8.2009, I am of the view that bail can be granted to the petitioner. 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, Thaliparamba, subject to the following conditions: a) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; b) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; c) 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 csl