IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 Crl.MC.No. 3182 of 2010() --------------------- CRIME NO. 163 OF 2010 OF KOLATHUR POLICE STATION PETITIONER: DEFACTO COMPLAINANT: ----------------------------------- LIYANA FATHIMA @ VRINDA VIJAYAN, AGED 24 YEARS, D/O.VIJAYAN, AMBAZHASTHU PARAMBIL, THALOR POST, THRISSUR. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): COMPLAINANT,ACCUSED & STATE: ------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KOLATHUR POLICE STATION, KOLATHUR. 2. THE CIRCLE INSEPCTOR OF POLICE, PERINTHALMANNA POLICE STATION, MALAPPURAM. 3. RIFATH RAHIMAN, S/O.ABDUL RAHIMAN, KANAKKAYIL HOUSE, HAYATH MANZIL, PANG, CHENDI. 4. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 3182 of 2010 * * * * * * * * * * * * * * * * * * Dated: 11th August, 2010 ORDER Petitioner who is the de facto complainant in Crime No. 163 of 2010 of Kolathur Police Station for offences punishable under Section 376 I.P.C. Sec. 3 (1)(xii) and 3 (2) (v) of SC/ST (Prevention of Atrocities) Act, seeks to set aside Annexure -A8 order dated 18-6-2010 in Crl.M.C. No. 670 of 2010 passed by the learned Sessions Judge, Manjeri . According to the petitioner who was formerly Vrinda Vijayan, she was in love with the 3rd respondent Rifath Rahiman and the 3rd respondent agreed to marry her, in case, she embraces Islam and, accordingly, she had got herself converted into Islam and changed her name as Liyana Fathima and even obliged his demand to publish her name in the gazette also. Subsequently on 12- 09-2005 when the petitioner went to attend the marriage of her friend, the 3rd respondent also was there and after the Crl.M.C. No. 3182 of 2010 -:2:- said function the 3rd respondent took her to his house at Pang and after assuring her that he will marry her, he ravished her. The petitioner would have it that the 3rd respondent subsequently went to U.K. for further studies and he is now trying to avoid the petitioner and contract a wealthy alliance. The petitioner would have it that eventhough the learned Sessions Judge has imposed conditions in Annexure A8 order while releasing the 3rd respondent on bail in the above crime, the petitioner apprehends that the 3rd respondent may hereafter file petition for modifying or deleting the conditions and will finally get back his passport and flee to U.K. to the extreme prejudice of the petitioner. The petitioner has a further grievance that he is threatening the petitioner and the other prosecution witnesses. 2. It is seen that the learned Sessions Judge has not imposed any condition in Annexure-A8 order that in case the 3rd respondent/accused influences or intimidates the prosecution witnesses, the bail granted to him shall be liable to be cancelled. Likewise, there is no condition that Crl.M.C. No. 3182 of 2010 -:3:- he shall not commit any offence while on bail. I am, therefore, inclined to permit the petitioner to file an application before the Sessions Court for incorporating additional conditions, after notice to the 3rd respondent, ensuring that in the event of the 3rd respondent violating those additional conditions the Court can cancel the bail granted to him. Accordingly, this Crl.M.C. is disposed of permitting the petitioner to move the Sessions Court for getting additional conditions imposed . In case, the 3rd respondent files any application for modification or lifting any of the bail conditions or for return of his passport, the Sessions Judge shall issue notice on such application to the petitioner herein and shall dispose of the application only after giving the petitioner an opportunity of being heard. Dated this the 11th day of August, 2010. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ ani. P.S. to Judge Crl.M.C. No. 3182 of 2010 -:4:-