IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 Bail Appl..No. 4570 of 2008(A) ----------------------------------------- (CRIME NO. 473/2008 OF MANJERI POLICE STATION) .............. PETITIONER/ THIRD ACUSED: ------------------------------------------- VENUGOPALAN, AGED 45 YEARS, S/O.KKRISHNAN NAIR, MADATHODI HOUSE, MELMURI P.O., MALAPPURAM DISTRICT. BY ADV. SRI.NOORJI NOUSHAD. RESPONDENT/ COMPLAINANT: --------------------------------------------- SUB INSPECTOR OF POLICE, MANJERI POLICE STATION, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/07/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.4570 of 2008 --------------------------------------- Dated this the 18th day of July, 2008 O R D E R This petition is for bail. 2. According to the prosecution, the first accused in the crime promised to marry the defacto complainant and she was taken by the first and second accused to the house of the friend of the first accused and she was raped from there. On subsequent day, she was contacted by the first accused and she was asked to come to a particular place. She accordingly went to the said place while A1 and A3 committed rape on her. On yet another occasion, she was called to yet another place by the first accused and when she went there, accused nos.4 and 5 committed rape on her. In the same manner, the offences were repeated against the defacto complainant. Hence, she filed a complaint based on which a crime is registered under Section 376 (g) of IPC. Petitioner is the third accused and he was arrested on 23.6.2008 and he is in custody since then. 3. Learned public prosecutor submitted that he has no objection in granting bail to the petitioner on conditions. BA No.4570/08 2 Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. to 1 p.m. until further orders. (iii) Petitioner shall not intimidate any witness or tamper with evidence and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl