IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 Bail Appl..No. 3683 of 2008() -------------------------------------- MP.2136/2008 of J.M.F.C.,PERUMBAVOOR CRIME NO.893/2008 OF PERUMBAVOOR POLICE STATION .................... PETITIONER/ACCUSED : ----------------------------------- UNNI, S/O.SOMAN, CHAYATT VEEDU, WEST VENGOLA KARA, ARACKAPPADY VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT/COMPLAINANT : -------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3683 of 2008 ------------------------------------------- Dated this the 23rd day of June, 2008 ORDER This petition is for bail. 2. The alleged offence is under Section 376 IPC. According to the prosecution, a minor girl was allegedly raped by the petitioner. The petitioner was taken into custody on 24.5.2008 and he was remanded to judicial custody on the same day. 3. During the pendency of this petition, it was reported that the petitioner is required for identification parade. Now, the identification parade is over. Learned counsel for the petitioner submitted that there is a mistaken identity. The petitioner was made an accused on a wrong impression. The name mentioned by the defacto complainant is Kannan but the petitioner is Unni. It is also pointed out that the accused is stated to be a taxi driver, but does not even know driving. 4. The outcome of the test identification parade is not available. Taking into consideration, the long period of detention and the fact that further detention of the petitioner may not be BA 3683/08 2 required for investigation, I find that bail can be granted to the petitioner on conditions. Hence, petitioner is granted bail on the following terms and conditions: (i) petitioner shall execute 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 Investigating officer on every Monday and Thursday between 10 am and 1 pm until further orders. (iii) Petitioner shall not leave the limits of the police station within which the crime is registered except with the previous permission of the learned Magistrate concerned. (iv) Petitioner shall not influence or threaten the witnesses or tamper with evidence and in case of breach of this condition while on bail, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl