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.
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B.A. NO. 109 OF 2010
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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/