IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 Bail Appl..No. 4192 of 2008() -------------------------------------- CRIME NO.32/2008 OF MUNAMBAM POLICE STATION .................... PETITIONER/ACCUSED NO.3 : ------------------------------------------ TONY PAUL, S/O.PAUL AGED 19 YEARS, THAINAM HOUSE EAST OF MANI BAZAR, PALLIPPURAM KARA KUZHUPPALLY VILLAGE. BY ADV. SRI.K.R.VINOD RESPONDENTS : ---------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA 2. THE STATION HOUSE OFFICER MUNAMBAM POLICE STATION ERNAKULAM BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4192 OF 2008 ------------------------------ Dated this the 4th day of July, 2008 O R D E R This is an application for bail. 2. The alleged offences are under Sections 376(g), 366, 307 and 34 IPC. The petitioner, who is aged 19 years, is the 3rd accused. According to the prosecution, accused 1 and 2 brought the defacto complainant to Cherai Beach and on 24.01.2008 at 11.30 p.m., the 1st accused committed rape on the defacto complainant after making her believe that he would marry her on the following day. Thereafter accused 2 and 3 came to the spot and made an attempt to commit rape on the defacto complainant but the attempt was futile. Accused 2 and 3 also tried to kill her by tying a shawl around her neck, when she resisted the attempt. 3. The petitioner was arrested on 28.05.2008 and he is in custody since then. Learned counsel for the petitioner submitted that he is innocent of the allegations made. His health condition is very poor and he is not getting with adequate medical attention or proper nursing in the Jail. He is having Jaundice and Lung Infection. As per the information from the Sub Jail, Aluva the petitioner was B.A.4192/2008 2 under treatment at Taluk Hospital from 02.06.2008 to 06.06.2008, at District Hospital, Ernakulam on 06.06.2008 and 07.06.2008 and thereafter at Medical College Hospital, Thrissur from 08.06.2008 onwards. It is also reported that he is having Jaundice and at present he is also having infection and he is adviced to take medicine for one month. 4. Considering the physical state of the petitioner, this petition is not opposed. Petitioner is granted bail on the following terms and conditions:- (i) The 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. In addition to this, one of the parents of the petitioner shall execute bond for the same amount whether he or she is solvent or not. (ii) Petitioner shall not influence or intimidate any witness and in case of breach of this condition, bail is liable to be cancelled. The application is allowed. K.HEMA, JUDGE pac