IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Bail Appl..No. 4682 of 2008() ----------------------------- (CMP.2674/2008 IN CRIME NO.658/08 of J.M.F.C.,VADAKARA) .................... PETITIONER/ACCUSED ------------------------- NOUSHAD, S/O.KASIM, AGED 22 UPPALAKKAL LAKSHAM VEETTIL, ONCHIYAM AMSOM OORALUNGAL DESOM BY ADV. SRI.K.I.SAGEER RESPONDENT --------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE (CRIME NO. 658/2008 OF VATAKARA POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.4682 of 2008 --------------------------------------- Dated this the 28th day of July, 2008 O R D E R This petition is for bail. 2. A crime was registered under Sections 366A and 354 IPC. The offence was subsequently altered to Section 376 IPC. According to the prosecution, on a promise to marry the alleged victim, the petitioner had raped her from April 2007 onwards. 3. Learned counsel for the petitioner submitted that the offence was originally registered only under Sections 366A and 354 IPC. But, Section 376 IPC incorporated without any basis. 4. On going through the case diary, particularly, the medical evidence, I am satisfied of the submissions made and I find that the petitioner can be granted bail. He is in custody from 26.6.2008. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute bond for Rs.25,000/- with two solvent sureties each for the like sum to the BA No.4682/08 2 satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. to 1 p.m. until further orders. (iii) Petitioner shall not influence or intimidate any witnesses or tamper with the evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl BA No.4682/08 3 K.HEMA, JUDGE csl