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. 4621 of 2008() ----------------------------- CMP.2034/2008 IN CRIME NO.119/2008 OF PADINHARATHARA POLICE STATION .................... PETITIONERS/ACCUSED 1 TO 3 ------------------------------------------ 1. V.A.SALEEM, AGED 24 YEARS, S/O.POCKER, VAKERI HOUSE, MUNDAKUTTY, KUPPADITHARA AMSOM, PADINHARATHARA. 2. K.RAFEEQUE, AGED 26 YEARS,S/O.AHMED, KAVUKANDI HOUSE, THENGUMUNDA, PADINHARATHARA. 3. JASHEER, AGED 32 YEARS, S/O.ABOOBACKER, KUNIYIL HOUSE, CHITTALOOR KUNNU, THENGUMUNDA, PADINHARATHARA AMSOM. BY ADV. SRI.ELDHO PAUL RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. SUB INSPECTOR OF POLICE, PADINHARATHARA POLICE STATION. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR 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.4621 of 2008 --------------------------------------- Dated this the 28th day of July, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 366 and 376(2) (g) of IPC. According to the prosecution, petitioners allegedly abducted the defacto complainant to the vacant house of the second accused and committed gang raper on her. The petitioners were arrested on 31.5.2008 and they are in custody for the past 58 days. 3. Learned public prosecutor submitted that he has no objection in granting bail to the petitioners on stringent conditions. Hence, bail is granted to the petitioners on the following terms and conditions: (i) Petitioners shall execute bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. BA No.4621/08 2 (ii) Petitioners shall report before the Investigating Officer on every alternate day between 10 a.m. and 1 p.m. until further orders. (iii) Petitioners shall not leave the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. (iv) Petitioners shall not influence or threaten any witnesses or tamper with the evidence and shall not 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