IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6117 of 2009()
1. BABY @ SABU, AGED 31 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.JOHNSON P.JOHN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :29/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.6117 of 2009
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Dated this the 29th 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.1 in
Crime No.469 of 2009 of Kattappana Police Station.
2. The offence alleged against the petitioner is under
Section 376 read with Section 34 of the Indian Penal Code.
3. The date of occurrence was on 15.8.2009. The
petitioner was arrested on 16.8.2009 and he was remanded to
judicial custody.
4. The victim was aged only 17 years on the date of the
incident. It is submitted by the learned Public Prosecutor that
the second accused is not arrested so far. He has filed an
application for anticipatory bail.
5. Taking into account the facts and circumstances of the
case, the nature of the offence and the present stage of
investigation and also the fact that the petitioner is in judicial
custody since 16.8.2009, I am of the view that bail can be
BA No.6117/2009 2
granted to the petitioner on stringent conditions.
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, Kattappana, subject to the following conditions:
a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on every Monday and
Thursday, 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 Kattappana
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
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