IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5551 of 2009()
1. BINU.I, S/O.SASIDHARAN, RESIDING AT
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.JOHNSON GOMEZ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :01/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 5551 OF 2009
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Dated this the 1st day of October, 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.447
of 2009 of Eravipuram Police Station.
2. The offences alleged against the petitioner are under
Sections 366A and 376 of the Indian Penal Code.
3. The petitioner was arrested on 8.9.2009 and he was
remanded to judicial custody. The application for bail submitted by
the petitioner was dismissed by the learned Magistrate as per the
order dated 8.9.2009. It is submitted by the learned Public
Prosecutor that the investigation is in progress. Potency test was
conducted.
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.
B.A. NO. 5551 OF 2009
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5. The petitioner shall be released on bail on his executing
bond for Rs.50,000/- with two solvent sureties for the like amount to
the satisfaction of the Judicial Magistrate of the First Class- II,
Kollam, 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 Eravipuram
Police Station for a period of two months except for
complying with conditions (a) and (b);
d) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
e) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
f) 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
ahz/