IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 Bail Appl..No. 88 of 2008() --------------------------- [CR.NO.814/2007 OF PERINTALMANNA POLICE STATION] : PETITIONER/2ND ACCUSED --------------------------------------- LIYAKATH ALI, S/O MOIDEENKUTTY, PALEKKODAN HOUSE, NENMINI AMSOM, AKKAPARAMBA DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.SAMSUDIN RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, PERINTALMANNA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.88 of 2008 ---------------------------------------- Dated this the 10th day of January 2008 O R D E R This is the third application for regular bail. The petitioner is the second accused. He faces allegations of rape under Section 376 I.P.C. He had allegedly committed rape of a minor child aged about eleven years, a student of an orphanage on 17/10/2007. The petitioner was arrested and continues in custody from 4/11/2007. Investigation is not complete. Facts have been referred to in detail in the earlier orders. This order must be read in continuation of those orders. I am hence not adverting to facts in detail in this order. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that regular bail can be granted to the petitioner subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: i) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh 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 three months and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No./08 2 B.A.No./08 3 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007