High Court Kerala High Court

Krishnankutty vs Sub Inspector Of Police on 14 January, 2010

Kerala High Court
Krishnankutty vs Sub Inspector Of Police on 14 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 109 of 2010()


1. KRISHNANKUTTY,AGED 42 YEARS,
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE,VALLIKUNNAM
                       ...       Respondent

2. STATE OF KERALA REPRESENTED BY PUBLIC

                For Petitioner  :SRI.P.SREEKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :14/01/2010

 O R D E R
                         K.T.SANKARAN, J.
            ------------------------------------------------------
                      B.A. NO. 109 OF 2010
            ------------------------------------------------------
            Dated this the 14th day of January, 2010


                               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.384

of 2009 of Vallikunnam Police Station, Alappuzha.

2. The offences alleged against the petitioner are under

Sections 354 and 377 of the Indian Penal Code.

3. The prosecution case is that on 22.11.2009, the petitioner

aged 42, committed the offence on a ten year old girl. The petitioner

is the neighbour of the girl. The petitioner was arrested on

2.12.2009 and he was remanded to judicial custody.

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 on stringent

conditions.

B.A. NO. 109 OF 2010

:: 2 ::

5. 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,

Kayamkulam, subject to the following conditions:

a) The petitioner shall appear before the Circle Inspector of
Police, Kayamkulam 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 into the limits of
Vallikunnam Police Station, till the final report is filed or
until further orders;

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/