IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 Bail Appl..No. 2802 of 2008() --------------------------------------- CRIME NO.52/2008 OF PAYANGADI POLICE STATION, KANNUR DT. AGAINST THE JUDGEMENT/ORDER IN BA.2268/2008 .................... PETITIONER/ACCUSED ----------------------------------- KUTTOOKKAN PARAPRATH ALI,S/O.MOIDEEN, AGED 23 YEARS,THOTTIKKEEL,THIRUVATTOR, TALIPARAMBA TALUK,KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENTS/COMPLAINANT -------------------------- STATION HOUSE OFFICER,PAYANGADI POLICE STATION,KANNUR DISTRICT, (CRIME NO.52/08 OF PAYANGADI POLICE STATION, KANNUR DISTRICT),REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. --------------------------- B.A.No.2802 of 2008 --------------------------- ORDER This is an application for bail filed under Section 439 of the Cr.P.C. 2. Petitioner is the accused in Crime No.52/08 of Payangadi Police Station in Kannur District, registered for offence under Section 377 IPC. The allegation is that he was the driver of a van of the Safa English Medium School, Payangadi and at about 3.30 p.m. on 8.2.2008 he stationed the van near the Gramin Reading Room and committed unnatural offence against a five year old girl. He was arrested by the police on 9.2.2008 and is in custody thereafter. Considering the period of detention already undergone by the petitioner and the fact that investigation in the case must have considerably progressed by this time, I am of the view that bail can be granted to the petitioner imposing necessary conditions. BA 2802/08 2 In the result, allowing this application, I grant bail to the petitioner on his executing bail bond for Rs.30,000/- with two solvent sureties each for like sums to the satisfaction of the Magistrate concerned. On such release, the petitioner shall co- operate with the investigation in the case and shall appear before the Investigating Officer between 10 a.m. and 12 noon on all days for a period of two weeks and thereafter on every alternate days for a period of one month and thereafter on all Tuesdays and Fridays only till the investigation in the case is over and final report is laid. On release, the petitioner shall not get himself involved in commission of any offence, shall not influence or intimidate the witnesses in the case and shall not, except for the purpose of appearing before the Investigating Officer, if need be, move beyond the territorial limits of the town, BA 2802/08 3 in which he is having his permanent residence, the details of which shall be furnished to the court and to the Investigating Officer immediately on release on bail. 6th May, 2008 (K.P.Balachandran, Judge) tkv