IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 Bail Appl..No. 4433 of 2008() ----------------------------- (CRIME NO.32/2008 OF VIYYUR POLICE STATION) PETITIONER/2ND ACCUSED --------------------------------------- NIBIN, AGED 19 YEARS, S/O.ANTONY, CHERUVARAPARAMBIL HOUSE, PALLIPPURAM KARA, KUZHUPPILLY VILLAGE. BY ADV. SRI.P.K.SAJEEV RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 4433 of 2008 ----------------------------------------------- Dated this the 16th day of July, 2008. ORDER Petition for bail. 2. The alleged offences are under Sections 376(g),366 and 307 read with Section 34 of Indian Penal Code. This is a second application for bail. According to prosecution, on 24.1.2008 at about 9 p.m. the first accused, who was in love with the de facto complainant, took her to Cherai beach and she was subjected to rape and thereafter the petitioner and the 3rd accused, who were accompanying the 1st accused, also attempted to commit rape on her and, while she resisted the same, they attempted to commit murder by strangulating her with the shawl. 3. Learned counsel for petitioner submitted that the petitioner is a 19 year old boy. He has in custody from 21.5.2008, for the past 56 days. The 3rd accused in the crime was granted bail as per order dated 4.7.2008 in B.A.4192/2008 on medical ground. 4. On hearing both sides, I am satisfied that further detention of the petitioner may not be required for the purpose of investigation and [B.A.No.4433/08] 2 hence, I am inclined to grant bail to the petitioner. 5. Hence, bail is granted to the petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 A.M. and 1 P.M. until further orders. iii) petitioner shall not enter the limits of the police station within which the crime is registered, except for compliance of direction in clause (ii). iv) Petitioner shall not influence or intimidate any witness or tamper with evidence and in case of breach of this condition, bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs.