IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 Bail Appl..No. 5973 of 2009 CRIME NO.1713 OF 2009 OF ERNAKULAM TOWN NORTH POLICE STATION TRANSFERRED FROM MEPPAYUR POLICE STATION, CRIME NO.199/2009. PETITIONER/ACCUSED -------------------------------------- LIJEESH,S/O.NANU,ODIYIL HOUSE, VELLOOKARA,THIRUVALLOOR, KOZHIKODE DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM REPRESENTING SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5973 OF 2009 ------------------------------------------------------ Dated this the 15th day of October, 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.1713 of 2009 of Ernakulam Town North Police Station. The crime was originally registered as Crime No.199 of 2009 of Meppayur Police Station, Kozhikode District and it was transferred to the Ernakulam Town North Police Station. 2. The offence alleged against the petitioner is under Section 3(1)(xi) and (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The incident occurred in February, 2009. The petitioner was arrested on 21.9.2009 and he was remanded to judicial custody. 4. It is submitted by the learned counsel for the petitioner that the girl as well as the petitioner belong to Meppayur. They were in B.A. NO. 5973 OF 2009 :: 2 :: love. There is no offence as alleged. It is also submitted that subsequently the matter was settled between the parties and an agreement was executed. 5. It is not necessary to decide in this Bail Application as to the consequencea of the settlement or of the validity of the agreement. 6. The petitioner is in judicial custody since 21.9.2009. Continued detention of the petitioner may not be required for the proper investigation of the case. 7. 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. 8. The petitioner shall be released on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the Additional Chief Judicial Magistrate (Economic Offence), Ernakulam, subject to the following conditions: B.A. NO. 5973 OF 2009 :: 3 :: a) The petitioner shall report before the investigating officer between 1 P.M. And 4 P.M. on alternate Mondays for a period of two months and thereafter, on the first Monday of every month 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 ahz/