IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Bail Appl..No. 4155 of 2009() -------- ----------------------------- CRIME NO. 794/2009 OF KOTTARAKKARA POLICE STATION ........................... PETITIONER/2ND ACCUSED: ------------------------------------------ SUJITH S/O. VASUDEVAN, SUJITH BHJAVAN, NEAR BOOTHANATHA TEMPLE, KOTTATHALA WEST MURI, NEDUVATHOOR VILLAGE, KOTTARAKKARA, KOLLAM DIST. BY ADV. SRI. B. MOHANLAL RESPONDENT: -------------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION KOLLAM DIST. THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. I.V.PRAMOD PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4155 of 2009 ------------------------------------ Dated this the 31st day of July, 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 second accused in Crime No.794/2009 of Kottarakkara Police Station. 2. The offences alleged against the petitioner are under Sections 363, 366 and 376 read with Section 34 of the Indian Penal Code. 3. The petitioner was arrested on 26/06/2009 and he is in judicial custody. The learned Public Prosecutor submitted that the investigation is almost over. 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 present stage of investigation, I am of the view that bail can be granted to the petitioner. 5. The petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First B.A. No.4155/ 2009 Page numbers Class-I, Kottarakkara 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 scm