Madhu vs The Sub Inspector on 8 April, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2108 of 2010()


1. MADHU,AGED 27 YEARS,S/O.PODIYAN,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR,KONNI POLICE STATION.
                       ...       Respondent

2. STATE OF KERALA,REPRESENTED BY THE

                For Petitioner  :SRI.V.SETHUNATH

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :08/04/2010

 O R D E R
                      K.T. SANKARAN, J.
                     ------------------------
                    B.A. No. 2108 of 2010
               ------------------------------------
              Dated this the 8th day of April, 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. 157/2010 of Konni Police Station.

2. The offence alleged against the petitioner is under

Section 376 of the Indian Penal Code.

3. The prosecution case is that on 22.02.2010, the victim

was enticed by the petitioner and they eloped. They resided

together in the house of a relative of the petitioner. The

petitioner was arrested on 27.02.2010 and he was remanded to

judicial custody.

4. The learned counsel for the petitioner submitted that

the petitioner and the girl were in love.

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.

B.A. No. 2108 of 2010 2

6. The petitioner shall be released on bail on his

executing bond for Rs.25,000/- with two solvent sureties each

for the like amount to the satisfaction of the Judicial Magistrate

of the First Class-II, Pathanamthitta 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, 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

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