IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7872 of 2009()
1. SUMESH KUMAR, S/O.SURENDRAN
... Petitioner
Vs
1. STATE OF KERALA BY SUB INSPECTOR
... Respondent
For Petitioner :SRI.N.SREEDHARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :13/01/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 7872 OF 2009
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Dated this the 13th 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.3 of
2009 of Punalur Police Station.
2. The offences alleged against the petitioner are under
Sections 376 and 450 of the Indian Penal Code.
3. The prosecution case is that promising to marry the de
facto complainant, the petitioner had sexual intercourse with her.
The petitioner was arrested on 21.12.2009 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.
B.A. NO.7872 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 – III,
Punalur, 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/