IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 Bail Appl..No. 5755 of 2009() ----------------------------- CRIME NO.262/09 OF POTHENCODE POLICE STATION .................... PETITIONER (S): ACCUSED IN CUSTODY: --------------------------------------- SUNIL KUMAR @ SUNI, S/O.PURUSHOTHAMAN, THEKEVILAKOM VEEDU, EDAVANAKONATHU, AYIROOPARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.M.DINESH RESPONDENT(S): COMPLAINANT:1 ---------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, KAZHAKUTTOM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5755 of 2009 --------------------------------------------- Dated this the 19th day of October, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.262 of 2009 of Pothencode Police Station. 2. The offences alleged against the petitioner are under Sections 376 and 494 of the Indian Penal Code. 3. The petitioner was arrested on 14.9.2009 and he is continuing in judicial custody since then. The prosecution case that the petitioner, who is a married man, enticed the daughter of the defacto complainant and compelled her to marry the petitioner on 8.9.2009. Thereafter, he committed the offence under Section 376 of the Indian Penal Code. 4. The learned Public Prosecutor submitted that the investigation is at the final stage. 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 No.5755/2009 2 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 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-I, Attingal, 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 enter into the limits of Pothencode Police Station for a period of two months except for complying with conditions (a) & (b). 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 csl