IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 Bail Appl..No. 7492 of 2009() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.6827/2009 CRIME NO. 445 OF 2006 OF THOPPUKPADY POLICE STATION PETITIONER/ACCUSED -------------------------------------- MEERANKUNHI, S/O.EBRAHIM HAJI, ANSARI MANZIL, CHOOKRIKADA, MANGALPADI P.O., KASARAGOD DISTRICT. BY ADV. SRI.SHAIJAN C.GEORGE SRI.JOHN VIPIN SRI.P.A.SHIBU (PAZHAVAKAT) SMT.SAJITHA GEORGE SMT.S.REKHA KUMARI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. ------------------------------------------------------ B.A. 7492 of 2009 ------------------------------------------------------ Dated: JANUARY 1, 2010 ORDER This is a bail application filed by the 3rd accused in Crime No.445 of 2006 of Thoppumpady Police Station, coming within the jurisdiction of Judicial First Class Magistrate Court-II, Kochi, under sec.439 of Cr.P.C. 2. The allegation against the petitioner is that he, along with five other accused persons, took the de facto complainants to Dubai and committed rape on her and that the accused has thereby committed offences punishable under secs.420, 376 and 342 read with sec.34 of IPC. 3. It is alleged in the petition that the 3rd accused in the case was one Rafeeq, that this petitioner was arrested on 23.10.2009 alleging that he is the said Rafeeq, that the other accused persons in this case were released on bail and that therefore he may be released on bail. 4. Notice given to the Public Prosecutor. The Public Prosecutor opposed the bail application. Heard learned counsel for the petitioner and the learned Public Prosecutor and perused the case diary produced. 5. It is admitted that accused Nos.1, 5 and 8 were already released on bail by this court, but the bail application of the petitioner BA 7492/09 2 was rejected. Further, the petitioner was in remand from October 23, 2009 onwards. On going through the case diary it is seen that investigation in this case is almost over. Therefore I feel that the petitioner can be released on bail, but on conditions. In the result the petition is allowed. The petitioner shall be released on bail on executing a bond for Rs.25,000/- (twentyfive thousand) with two solvent sureties each for the like sum to the satisfaction of the lower court on the following conditions:- i. The petitioner shall report before the Investigating Officer on all Mondays at 10 a.m. ii. The petitioner shall not commit similar offence while on bail. iii. The petitioner shall not try to influence the witnesses or tamper with the evidence. iv. The petitioner shall not leave the jurisdiction of the lower court without prior permission. P.Q. BARKATH ALI, JUDGE mt/-