IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Bail Appl..No. 4187 of 2009() ----------------------------- CRIME NO.139/2008 OF AYARKUNNAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- AJAYAN,S/O.BHASKARAN,AGED 30 YEARS, RESIDING AT CHOORAPPARAMBIL (H), RAJEEV GANDHI COLONY,ORAVAKKAL,KOTTAYAM. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SRI.B.BIPIN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, AYARKUNNAM POLICE STATION,KOTTAYAM DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4187 of 2009 --------------------------------------------- Dated this the 10th 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.139 of 2008 of Ayarkunnam Police Station. 2. The offence alleged against the petitioner is under Section 376(f) of the Indian Penal Code. 3. The petitioner was arrested on 5.5.2009 and he is in judicial custody. The investigation of the case is over. Charge was laid on 23.5.2009. 4. 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, 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.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First BA No.4187/2009 2 Class-I, Kottayam, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday and Thursday until further orders; b) The petitioner shall not enter into the limits of Ayarkunnam Police Station until further orders, except for complying with condition (a). 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