IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 Bail Appl..No. 216 of 2009() ---------------------------------------- (CR.NO.529/2008 OF BEKAL POLICE STATION, KASARGOD) PETITIONERS/ ACCUSED 1 & 2: ---------------------------------------------- 1. ABDUL JABBAR.P.K,S/O.P.K.MOHAMMED, AGED 28 YEARS,B.M.QUARTERS,VATAKARAMUKKU, KANHANGAD, KASARGOD DISTRICT. 2. HANEEFA, S/O.MUHAMMED KUNHI,AGED 25 YEARS, MEENAPHIS HOSDURG KADAPURAM, KASARAGOD DISTRICT. BY ADV. MR.SURESH KUMAR KODOTH RESPONDENT(S): COMPLAINANT/ STATE: ------------------------------------------------------------------ STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER,BEKAL POLICE STATION, KASARGOD THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. C.M.KAMMAPPU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/02/2009 ALONG WITH B.A.NO.232 OF 2009 AND B.A.NO. 428 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ----------------------------------------- B.A.No. 216 of 2009, B.A.No.232 of 2009 & B.A.No.428 of 2009 ----------------------------------------- Dated this the 9th February, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 376A and 34 of the Indian Penal Code and according to prosecution, it was subsequently altered to Section 376G IPC. According to prosecution, a girl, aged 16 years, was raped by accused 1 to 4 on 17.12.2008. On prior occasions also the offence was committed from the house of de facto complainant, who is the mother of the victim. Petitioners in B.A.No.216 of 2009 are accused 1 and 2, petitioner in B.A.No.232 of 2009 is third accused and petitioner in B.A.No.428 of 2009 is the fourth accused. 3. Learned counsel for fourth accused submitted that there is no allegation that the fourth accused committed rape as per the First Information Statement. At the time when the girl was produced in court on a complaint filed by her mother, BA.216, 232 and 428/09 2 which was registered under the caption 'man missing', the girl stated that she was sexually assaulted by the fourth accused. She has not specifically stated that she was raped by him. Petitioners were arrested on 20.12.2008 and they are in custody for the past 50 days. 4. Learned Public Prosecutor submitted that stringent condition may be imposed while granting bail, but he has no objection in granting bail, considering the stage of investigation. 5. On hearing both sides, I am satisfied that bail can be granted to petitioners. Hence, bail is granted to petitioners on the following terms and conditions: i) Petitioners shall execute a bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioners shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. BA.216, 232 and 428/09 3 iii). Petitioners shall not enter the limits of the police station within which the crime is registered, except for compliance of condition in clause No.(ii) above. iv) Petitioners 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.