IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5840 of 2009()
1. M.S.SHYJAN,S/O.XAVIER, 36 YEARS,
... Petitioner
Vs
1. S.H.O.KELAKAM POLICE STATION,
... Respondent
For Petitioner :SRI.GEORGE MATHEWS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :12/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.5840 of 2009
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Dated this the 12th day of October, 2009
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is accused No.2 in
Crime No.193 of 2009 of Kelakam Police Station.
2. The offences alleged against the petitioner are under
Sections 376, 354 and 120B of the Indian Penal Code. The
petitioner was arrested on 29.9.2009.
3. Heard the learned counsel for the petitioner and the
learned Public Prosecutor.
4. The learned counsel for the petitioner pointed out that
there is no allegation that the petitioner committed rape on the
victim. The only allegation against the petitioner is that he
committed the offence under Section 354 IPC and tried to have
sexual intercourse with the defacto complainant. It is also
pointed out that the defacto complainant did not approach the
police after the incident. But, when her relatives found her at
another place and when she narrated the incident, she was
directed to approach the police.
5. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
BA No.5840/2009 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, Koothuparamba, 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