IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1652 of 2010()
1. THOTTATHIL RAJU @ AUGUSTINE
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.SUNIL NAIR PALAKKAT
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/03/2010
O R D E R
K.T. SANKARAN, J.
------------------------
B.A. No. 1652 of 2010
------------------------------------
Dated this the 22nd day of March, 2010
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.1 in Crime No.
193/2009 of Kelakam Police Station, Kannur District.
2. The offences alleged against the petitioner is under
Sections 354, 376 and 120-B read with Section 34 of the Indian
Penal Code.
3. The date of occurrence was on 27.09.2009. The
petitioner was arrested on 09.02.2010.
4. It is submitted that accused No.2 was granted bail.
5. Heard the learned counsel for the petitioner and the
learned Public Prosecutor. I have also perused the Case Diary
and particularly the certificate issued by the Medical Officer.
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
investigation, I am of the view that bail can be granted to the
petitioner.
7. The petitioner shall be released on bail on his executing
bond for Rs.25,000/- with two solvent sureties each for the like
B.A. No. 1652 of 2010 2
amount to the satisfaction of the Judicial Magistrate of the First
Class, Kuthuparamba 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 surrender his passport
before the Court of the Judicial Magistrate
of the First Class, Kuthuparamba within
one week from the date of release on bail.
If the petitioner does not hold an Indian
Passport, an affidavit sworn to by him to
that effect shall be filed before the learned
Magistrate within one week.
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
ln