IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Bail Appl..No. 3786 of 2010() ----------------------------------------- (CRIME NO.666/2009 OF KASARAGOD POLICE STATION,KASARAGOD DIST) PETITIONER/ACCUSED NO.7: -------------------------------------------- ABBA.K.A. @ VETTILA ABBAS, S/O.ABDUL RAHIMAN, BANKARAKKUNNU, NALLIKKUNNU, KASABA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): COMPLAINANT & STATE: ----------------------------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATON HOUSE OFFICER, KASARAGOD POLICE STATION (CRIME NO.666 OF 2009) KASARAGOD. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------ B.A. No. 3786 of 2010 ------------------------------------ Dated this the 1st day of July, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 366(A), 376, 506(ii), and 109 read with Section 34 of the Indian Penal Code and Section 3(1) XI of SC/ST Prevention of Atrocities Act. According to prosecution, de facto complainant, who belongs to a Scheduled Tribe in Karnataka State was taken to various places by accused nos. 1 to 5 and thereafter, accused nos. 6 to 8 committed rape on her on different dates and in different places. 3. Learned counsel for petitioner submitted that a complaint was lodged only after four months of the alleged occurrence. Petitioner was arrested on 30.04.2010 and he is in custody for the past 62 days. All the other accused are granted bail and hence, this petition is not opposed. Learned Public Prosecutor submitted that he has no objection in granting bail, but stringent conditions may be imposed. 4. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: B.A. No. 3786 of 2010 2 Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every Monday and Thursday, between 10 A.M. and 1 P.M. ii) Petitioner shall not enter the limits of the police station within which the crime is registered, except for compliance of condition no.1. iii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln