IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 Bail Appl..No. 7120 of 2008() ----------------------------- CMP.3951/2008 of J.M.F.C.-II, PEERUMEDU CRIME NO.372/08 OF KUMILY POLICE STATION PETITIONER: ACCUSED --------------------------- MUHAMMED ISMATH, S/O. HAMEEDH KHAN, DOOR NO.9, KAMAKSHI ASARI THERUVU, MANICKAL, GOODALLOOR VILLAGE, UTHAMAPALAYAM TALUK, THENI DIST. (NOW RESIDING AT RAJAMANI'S HOUSE, SAKTHI BHAVAN, ROSAPPOOKKANDAM BHAGOM, KUMILY VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7120 of 2008 ----------------------------------------- Dated this the 10th December, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 511 and 376 of the Indian Penal Code. According to prosecution, a minor girl, aged 14 years, was taken to the house of petitioner and he attempted to commit rape on her. The incident happened on 3.11.2008. Petitioner was arrested on 5.11.2008 and he is in custody for the past 35 days. 3. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioner on stringent conditions. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, bail is granted to 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 Magistrate Court concerned. BA.7120/08 2 ii) Petitioner shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii). Petitioner shall not enter the limits of the police station within which the crime is registered, except for compliance of the condition in clause (ii) above. iv) Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.