IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 Bail Appl..No. 4480 of 2008() -------------------------------------- CMP.1728/2008 of J.M.F.C.-I, ALUVA CRIME NO.1475/2008 OF ALUVA POLICE STATION .................... PETITIONER/ACCUSED NO.7 :- ----------------------------------------- SABU, S/O VARKY AGED 38 YEARS, MADATHIPPARAMBIL HOUSE, THIRUVAMKULAM, THIRUVANIYOOR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.A.MOHAMMED RESPONDENTS : ---------------------- STATE REPRESENTED BY THE C.I. OF POLICE, ALUVA THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4480 OF 2008 ------------------------------ Dated this the 16th day of July, 2008 O R D E R This is an application for bail. 2. The crime was registered under Sections 366A and 376 (g) of IPC on the basis of a complaint lodged by a 19 year old girl who is the alleged victim. According to the prosecution, the defacto complainant stayed with her mother at Gudallur for the past 2 years and by the end of December 2007 she returned to her native place. On her way to Kothamanagalam, she reached Perumbavoor where she met the 1st accused, a woman, a native of Sherthalai, on the promise that a job would be provided to her. The 1st accused persuaded the victim to go to her house at Sherthalai. She stayed there for nearly 6 months. During the above period, she was raped by many persons. The petitioner also raped her at his house, as taken there by the 1st accused. 3. Learned counsel for the petitioner submitted that all the accused in the crime are released on bail, including the 8th accused who was arrested only on 05.07.2008, subsequent to the arrest of the petitioner. The petitioner is in custody from 28.06.2008 B.A.4480/2008 2 onwards. Since bail is granted to the co-accused as per order dated 14.07.2008 in Crl.M.C.Nos.1193 and 1198/08 by the learned Sessions Judge, there is no ground to refuse to grant bail to the petitioner, it is submitted. 4. Taking into consideration the nature of offence committed this petition is strongly opposed. 5. However the co-accused who are similarly placed are already granted bail and hence it may not be proper to refuse bail to the petitioner, unless there are strong reasons to do otherwise. Except the short period of detention, nothing more could be pointed out for opposing the bail application. In the above circumstances the 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. (ii) The petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. B.A.4480/2008 3 (iii) The petitioner shall not enter the limits of the Kothamangalam Police Station within which the alleged victim is residing. (iv) The petitioner shall not influence or threaten or intimidate any witness 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 application is allowed. K.HEMA, JUDGE pac