IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 Bail Appl..No. 4827 of 2009() --------------------------------------- CRIME NO.249/2009 OF ARYANCODE POLICE STATION, THIRUVANANTHAPURAM. ......... PETITIONER (S)/ ACCUSED: --------------------------------------- ANEESH, AGED 23 YEARS, S/O.GOPI, ROADARIKATHU VEEDU, NEAR VAZHICHAL MARKET, VAZHICHAL DESOM & VILLAGE. BY ADV. MR.S.RAJEEV RESPONDENT(S): STATE: --------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4827 of 2009 ------------------------------------ Dated this the 26th day of August, 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. 249/2009 of Aryancode Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 366A and 376 of the Indian Penal Code. 3. The date of occurrence was on 11/08/2009. The petitioner was arrested on the same date and he was remanded to judicial custody. 4. The learned counsel for the petitioner submitted that even going by the prosecution case, the petitioner was in love with the defacto complainant and it is quite improbable that the petitioner would commit the offence as alleged. It is submitted that the petitioner sustained serious injuries in a road traffic accident. 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.4827/2009 2 investigation, I am of the view that bail can be granted to the petitioner on stringent conditions. 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 -I, Neyyattinkara 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 enter the limits of Aryancode Police Station for a period of two months except for complying with condition Nos. A and B. 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