Muhammed vs State Of Kerala Rep.By Public … on 27 May, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2747 of 2009()


1. MUHAMMED,S/O.KUNHIMOIDU,KOORATHODIYIL
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR
                       ...       Respondent

                For Petitioner  :SRI.V.M.SYAM KUMAR

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :27/05/2009

 O R D E R
                            K.T.SANKARAN, J.
               ------------------------------------------------------
                        B.A. NO. 2747 OF 2009
               ------------------------------------------------------
                     Dated this the 27th May, 2009


                                 O R D E R

This is an application for bail under Section 439 of the Code of

Criminal Procedure. The petitioner is accused No.7 in Crime No. 198 of

2009 of the Anthikkad Police Station.

2. The offence alleged against the petitioner are under Sections

376(g) of the Indian Penal Code and Sections 3 to 6 of the Immoral

Traffic (Prevention) Act.

3. It is submitted by the learned counsel for the petitioner that

accused Nos.1 to 4 were granted bail, as per the order dated 15.5.2009 in

B.A.No.2217 of 2009, and that the other accused were also released on

bail. The petitioner was arrested on 23.3.2009. The investigation of the

case is almost over.

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.

B.A. NO. 2747 OF 2009

:: 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 – II, Thrissur,

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

ahz/