IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 4987 of 2009() ----------------------------- CRIME NO. 264/2009 OF THIRUVALLAM POLICE STATION .................... PETITIONER/ACCUSED: ---------------------------------- BINU @ SREEJAN, S/O.APPUKUTTAN, VAYALARIKATHU VEEDU, PAPPANCHANI, THIRUVALLAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS/COMPLAINANT: --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THIRUVALLAM POLICE STATION. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4987 of 2009 ------------------------------------ Dated this the 7th day of September, 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. 264/2009 of Thiruvallam Police Station. 2. The offence alleged against the petitioner is under Section 366 of the Indian Penal Code. 3. The petitioner is a married man. He has two children. The allegation is that the petitioner induced the victim and kidnapped her and committed sexual intercourse. The petitioner was arrested on 11.07.2009. The learned Sessions Judge dismissed the application for bail filed by the petitioner as per the order dated 19.08.2009. 4. It is submitted by the learned Public Prosecutor on instructions that the victim was later brought by the mother of the accused to her house and the victim is residing with the mother of the accused. 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 B.A. No. 4987 of 2009 2 investigation, I am of the view that bail can be granted to the petitioner. 6. 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 Class-II, Neyyanttinkara 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 and Thursdays, 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 ln