IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 Bail Appl..No. 5694 of 2009() ----------------------------- CRIME NO.677/09 OF VALAPPAD POLICE STATION .................... PETITIONER/ACCUSED (IN CUSTODY -------------------------------------------------- JIBIN @ VIPIN, S/O. SIVARAMAN, KOLATTUPARAKKAL HOUSE, KAZHIMBRAM, VALAPPAD. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VALAPPAD POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5694 of 2009 --------------------------------------------- Dated this the 6th day of October, 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.677 of 2009 of Valappad Police Station. 2. The offences alleged against the petitioner are under Sections 452, 354 and 294(b) of the Indian Penal Code. 3. The date of occurrence was on 3.9.2009. The petitioner was arrested on 4.9.2009 and he was remanded to judicial custody. It is alleged that the petitioner committed the offence on account of the vengeance as the defacto complainant filed a petition against the petitioner alleging that the petitioner committed rape on her daughter. The petitioner moved an application for bail before the learned Magistrate which was dismissed as per the order dated 8th September 2009. The investigation has progressed much thereafter. 4. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the BA No.5694/2009 2 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. 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, Kodungallur, 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 csl