IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 Bail Appl..No. 7984 of 2008() ----------------------------- CRIME NO. 402/2008 OF ELATHUR POLICE STATION IN KOZHIKODE PETITIONER./ACCUSED --------------------------------------- ABDUL LATHEEF, S/O. MUHAMMED, HAMSA HOUSE, CHETTIYARAMMAL, NEAR KAKKATHODU BRIDGE, MALAPPURAM DISTRICT. BY ADV. SMT.T.V.NEEMA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, (REPRESENTING THE S.I. OF POLICE, ELATHUR POLICE STATION, KOZHIKODE DISTRICT) PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7984 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of January,2009 O R D E R Petition for bail. 2. The alleged offences are under sections 366A and 376 (g) IPC. According to prosecution, a girl aged 14 years was induced with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person and thereafter she was subjected to gang rape by various persons. Petitioner is 5th accused in the crime. There are altogether five accused, out of which, accused nos. 1 to 3 committed rape. The 4th accused is the friend of the mother of the victim who was present along with the victim. The 5th accused is driver. 3. Learned counsel for petitioner submitted that petitioner was arrested on 5-11-2008. He is only a taxi driver and he is innocent of the allegations made and even according to prosecution, he has not committed rape. 4. Learned Public Prosecutor submitted that taking into consideration the stage of investigation and the limited involvement of petitioner, this petition is not opposed. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. BA 7984/08 -2- 3. Hence, petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.