Sandeep Gopal vs State of Kerala

V. Ramkumar, J.—In this Petition filed u/s 439 Cr.P.C., the Petitioner, who is accused No. 2 in Crime No. 155/2011 of Muvattupuzha Police Station for offences punishable under Sections 354, 363 and 376 read with 34 I.P.C. and Sections 66E, 67, 67(a)(b) of the Information Technology Act, seeks his enlargement on bail. The Petitioner was arrested on 13.02.2011.

I heard the learned Counsel for the Petitioner and the learned Public Prosecutor.

Having regard to the nature of the offences, the duration of judicial custody undergone by the Petitioner, the present stage of investigation of the case and the other circumstances of the case etc., I am inclined to grant bail to the Petitioner only on a future date. Accordingly, the Petitioner is directed to be released on bail w.e.f 18.04.2011 on his executing a bond for `15,000/- (Rupees fifteen thousand only) with two solvent sureties each for the like amount to the satisfaction of the Magistrate concerned and subject to the following conditions:

The Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Wednesdays until the final report is filed.

The Petitioner shall not directly or indirectly make any inducement, threat or promise to any person who is acquainted with the facts of the case so as to dissuade him or her from disclosing any information to the court or to the police or to any other person in authority.

The Petitioner shall make himself available for interrogation as and when required by the Investigating Officer at any time till the filing of the final report.

The Petitioner shall not establish any contact with any of the witnesses or accused in the case.

The Petitioner shall not influence or intimidate the prosecution witnesses or the victims nor shall he attempt to tamper with the evidence for the prosecution.

The Petitioner shall not commit any offence while on bail.

The Petitioner shall notify to the Court his place of residence before executing the bail bond.

If the Petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above.

Dated this the 18th day of April, 2011.