IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7778 of 2009()
1. C.H.FIROZ, AGED 27 YEARS,
... Petitioner
Vs
1. THE STION HOUSE OFFICER, NILESHWAR
... Respondent
For Petitioner :SRI.T.MADHU
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :04/01/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7778 of 2009
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Dated this the 4th 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.329/2009 of Nileswar Police Station.
2. The offences alleged against the petitioner are under
Sections 376, 506(ii) and 3(1)(xi) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act.
3. The prosecution case is that on 19/11/2009, the
petitioner committed the offence on the victim, who belongs to
Scheduled Tribe community. The incident occurred while the
victim went to take water from the bore well situated in the
property of one Vellachi. The allegation is that the petitioner
forcibly took her to the nearby pump house and committed the
offence. The investigation is not over. By the order dated
18/12/2009, the learned Sessions Judge dismissed the
application for bail filed by the petitioner.
4. It is submitted by the learned counsel for the
petitioner that the petitioner is prepared to comply with any
B.A. No. 7778 / 2009
2
conditions that may be imposed by the Court.
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
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.50,000/- with two solvent sureties each for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class-II, Hosdurg 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, Wednesdays and
Saturdays, 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 surrender his Passport,
if any, before the court of the Judicial
Magistrate of the First Class-II, Hosdurg.
If the petitioner is not in possession of a
Passport, an affidavit to that effect shall
be filed before the learned Magistrate.
B.A. No. 7778 / 2009
3
D) The petitioner shall not enter into the
limits of Nileswar Police Station for a
period of two months.
E) The petitioner shall not try to influence the
prosecution witnesses or tamper with the
evidence.
F) The petitioner shall not commit any offence
or indulge in any prejudicial activity while
on bail.
G) 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