IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Bail Appl..No. 7897 of 2008() ----------------------------------- CMC.1299/2008 of SESSIONS COURT,KOZHIKODE CRIME NO.402/2008 ELATHUR POLICE STATION .................... PETITIONER/ACCUSED : ---------------------------- VIJI, AGED 38 YEARS W/O. UDAYAKUMAR, JASMINE NIVAS, PUTHIYANGADI,KOZHIKODE DT. BY ADV. SRI.P.R.SREEJITH RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7897 OF 2008 ------------------------------ Dated this the 6th day of January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 366A and 376(g) of I.P.C. According to prosecution, a minor girl was seduced and kidnapped for sexual intercourse with others and she was subjected to gang rape. Petitioner (fourth accused) is a woman, who was committed various offences in furtherance of common intention. 3. Learned counsel for petitioner submitted that fifth accused, who is the driver of the vehicle, in which the girl was taken, was granted bail. The allegation against petitioner is that she has seduced the girl to have sexual intercourse with accused nos.1 to 3. 4. The petitioner is in custody from 05.11.2008 onwards. Learned Public Prosecutor submitted that he has no objection in granting bail, but stringent conditions may be imposed. On hearing both sides, I am satisfied that bail can be granted to the petitioner on conditions. Hence, the following order is passed : B.A.7897 of 2008 2 Petitioner shall be released on bail on executing bond for Rs.50,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned on the following conditions : (i) Petitioner shall report before Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not enter the limits of the police station within which crime is registered except for compliance of condition in clause no.(i). (iii) Petitioner shall not influence or intimidate any witnesses or tamper with evidence or 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 pac