IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5973 of 2009()
1. LIJEESH,S/O.NANU,ODIYIL HOUSE,
... Petitioner
Vs
1. STATE OF KERALA REP.BY P.PROSECUTOR,
... Respondent
For Petitioner :SRI.K.P.SUDHEER
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :15/10/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 5973 OF 2009
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Dated this the 15th day of October, 2009
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.1713
of 2009 of Ernakulam Town North Police Station. The crime was
originally registered as Crime No.199 of 2009 of Meppayur Police
Station, Kozhikode District and it was transferred to the Ernakulam
Town North Police Station.
2. The offence alleged against the petitioner is under Section
3(1)(xi) and (xii) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act.
3. The incident occurred in February, 2009. The petitioner
was arrested on 21.9.2009 and he was remanded to judicial custody.
4. It is submitted by the learned counsel for the petitioner that
the girl as well as the petitioner belong to Meppayur. They were in
B.A. NO. 5973 OF 2009
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love. There is no offence as alleged. It is also submitted that
subsequently the matter was settled between the parties and an
agreement was executed.
5. It is not necessary to decide in this Bail Application as to
the consequencea of the settlement or of the validity of the
agreement.
6. The petitioner is in judicial custody since 21.9.2009.
Continued detention of the petitioner may not be required for the
proper investigation of the case.
7. 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.
8. The petitioner shall be released on bail on his executing
bond for Rs.15,000/- with two solvent sureties for the like amount to
the satisfaction of the Additional Chief Judicial Magistrate (Economic
Offence), Ernakulam, subject to the following conditions:
B.A. NO. 5973 OF 2009
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a) The petitioner shall report before the investigating officer
between 1 P.M. And 4 P.M. on alternate Mondays for a
period of two months and thereafter, on the first Monday
of every month 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
ahz/