IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 Bail Appl..No. 5340 of 2011() ----------------------------- CRIME NO.826/2011 OF MATTANCHERY POLICE STATION .................... PETITIONER (S): ACCUSED --------------------------- SHIRAS, S/O.ZACHARIA, AGED 21 YEARS, CC 11/783, PATTALAM, FORT KOCHI. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.826/2011 OF MATTANCHERY POLICE STATION, ERNAKULAM DISTRICT). PUBLIC PROSECUTOR SRI.JAYASURYA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5340 of 2011 --------------------------- Dated this the 8th day of July, 2011 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.826 of 2011 of Mattanchery Police Station. 2. The offences alleged against the petitioner are under Sections 363 and 376 of the Indian Penal Code. 3. The petitioner was arrested on 1.6.2011 and he is in judicial custody since then. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 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 BA 5340/2011 2 investigation, 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 ` 25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kochi, 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 try to influence the prosecution witnesses or tamper with the evidence; D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; E) 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