IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4406 of 2009()
1. SUDHAKARAN, S/O.KOCHU GOVINDAN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :10/08/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.4406 of 2009
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Dated this the 10th day of August, 2009
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is the sole accused
in Crime No.269 of 2009 of Palode Police Station.
2. The offences alleged against the petitioner are under
Section 511 of 376 and Section 506(1) of the Indian Penal Code.
3. The incident was on 19.6.2009. The victim is none
other than the daughter of the petitioner. The case diary would
disclose that there was an attempt on the part of the petitioner
to commit similar offence on an earlier occasion. The offence
alleged is a heinous offence. The petitioner was arrested on
22.6.2009.
4. Since the investigation is almost complete, I do not
think that it is necessary to detain the petitioner further. At the
same time, the petitioner should not be allowed to enter into the
limits of Palode Police Station until further orders.
5. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
BA No.4406/2009 2
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.
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-I, Nedumangad, 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 enter into the limits of Palode
Police Station until further orders except for complying
with conditions (a) and (b).
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
csl