Suresh vs State Of Kerala Rep. By Public on 10 November, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6401 of 2009()


1. SURESH, S/O.GOPALAN,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.T.A.UNNIKRISHNAN

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :10/11/2009

 O R D E R
                       K.T.SANKARAN, J.
                 ---------------------------------------------
                        B.A.No.6401 of 2009
                 ---------------------------------------------
            Dated this the 10th day of November, 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.421 of 2009 of Peerumedu 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 12.10.2009, the

accused took the defacto complainant in a jeep to a hilly area

and committed rape on her. The victim was examined by the

doctor on 15.10.2009. She had a different story to tell before the

Medical Officer apart from the incident on 12.10.2009.

4. The petitioner was arrested on 15.10.2009 and he was

remanded to judicial custody.

5. Heard the learned counsel for the petitioner and the

learned Public Prosecutor. I have also perused the case diary.

6. 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

BA No.6401/2009 2

investigation, I am of the view that bail can be granted to the

petitioner.

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, Peerumedu, subject to the following conditions:

a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on every Monday and
Thursday for a period of two months and thereafter, on
every Monday, 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
csl