IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 Bail Appl..No. 6523 of 2008() ----------------------------- CRIME NO.151/2008 OF BEYPOR POLICE STATION PETITIONER/ACCUSED -------------------------------------- RAHEEB, AGED 27 YEARS, S/O.MUHAMMED, KARYAPARAMBATH HOUSE, MUTHUPARAMBA, EDAVANNAPPARA, KONDOTTY (VIA), MALAPPURAM DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6523 of 2008 --------------------------------------------- Dated this the 4th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 366A and 376 IPC. According to prosecution, petitioner who is a Madrassa teacher, was found along with a 14 year old girl and people of the locality apprehended him and handed over to the police on 23.8.2008. It was revealed that he had kidnapped the girl and she was also raped by him earlier. 3. Learned counsel for petitioner submitted that petitioner is in custody for the past 74 days. Originally, the crime was registered only under Section 366A IPC and later offence under Section 376 IPC was also added. 4. Learned public prosecutor submitted that he has no objection in granting bail, but, stringent conditions may be imposed. He may be directed to surrender his passport and he may not be permitted to leave Kozhikode district. Hence, bail is granted to the petitioner on the following terms and conditions: BA No.6523/2008 2 (i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Circle Inspector of Police, Cheruvannoor on every alternate day between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not enter the limits of the police station within which the alleged victim is residing. (iv) Petitioner shall not leave Kozhikode district except with previous permission of the learned Magistrate. (v) Petitioner shall surrender his passport within seven days of his release from custody and if he is not in possession of the passport, he shall file an affidavit to that effect within the same time. (vi) Petitioner shall not influence or threaten any witness or 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