IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 Bail Appl..No. 325 of 2008() ---------------------------- CMP.214/2008 of J.M.F.C.,KASARAGOD CRIME NO.281/07 OF ADHUR POLICE STATION .................... : PETITIONER/ACCUSED NOS.2: ------------------------------------------ P.K. HAMZA, S/O. IBRAHIM, AGED 33 YEARS, ARAMKODE, POVVAL, MULIYAR GRAMAM. BY ADV. SRI.SOJAN MICHEAL RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.325 of 2008 ------------------------------------- Dated this the 22nd day of January, 2008 ORDER Application for regular bail. Petitioner is the 2nd accused in a crime registered initially under Sections 392 and 384 I.P.C. Subsequently allegations under Sections 354 and 376 r/w 511 I.P.C have also been included. The allegation under Section 392 I.P.C has subsequently been deleted, submits the learned Public Prosecutor. 2. It is a long story. The defacto complainant is a married woman having children. Her husband is employed abroad. There was an agreement to sell the property of the defacto complainant to the 2nd accused. The 1st accused is distantly related to the defacto complainant. There was a demand that the defacto complainant must part with money to accused 1 and 2. They allegedly threatened her that they shall reveal information about the alleged illicit relationships of the defacto complainant. They further threatened that the husband of the defacto complainant abroad shall be harmed. Under these threatens, amounts were extracted from her. She was found missing. Her mother filed a B.A.No.325 of 2008 2 complaint and a crime was registered under the caption `woman missing'. She subsequently appeared. She then narrated the misdeeds of accused 1 and 2. On that the crime was initially registered under Sections 384 and 392 I.P.C. In that F.I statement, no allegation of indecent assault or attempt to commit rape was ever made. But in the course of the investigation in the further statement given by her, she came out with details of the alleged indecent assault and attempts to commit rape on her by the accused persons. Accordingly the said sections were included. The petitioner was arrested on 05.01.2008. He continues in custody from that date. 3. The learned counsel for the petitioner submits that the petitioner is innocent and that the petitioner may be granted regular bail he having continued in custody from 05.01.08. 4. The case diary has been placed before me. I have perused the case diary. The learned Public Prosecutor after discussions at the Bar submits fairly that the State has no objection against grant of regular bail to the petitioner at this stage subject to appropriate terms and conditions. I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. B.A.No.325 of 2008 3 5. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-