IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4430 of 2009 CRIME NO.437 OF 2009 OF KODANADU POLICE STATION CRMP.2758/2009 of J.M.F.C.,PERUMBAVOOR PETITIONER/ACCUSED -------------------------------------- JOSHY, AGED 26 YEARS, S/O.VARGHESE, PUTHENPURAYIL HOUSE, NEAR KOKKAMATTOM COLONY, CHOONDAKUZHY, MUDAKUZHA KARA, VENGOOR WEST VILLAGE. BY ADV. SRI.K.SUNILKUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JIKKU JACOB THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4430 OF 2009 ------------------------------------------------------ Dated this the 20th August, 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.437 of 2009 of Kodanadu Police Station. 2. The offences alleged against the petitioner are under Sections 376 and 306 of the Indian Penal Code. 3. The incident was on 9.7.2009. The petitioner was arrested on 11.7.2009. The learned Public Prosecutor submitted that the investigation is at the final stage. 4. I have gone through the case diary carefully. 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 investigation, I am of the view that bail can be granted to the petitioner. B.A. NO. 4430 OF 2009 :: 2 :: 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, Perumbavoor, 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 ahz/