IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 Bail Appl..No. 666 of 2009() ---------------------------- CRIME NO.452/08 OF MUKKOM POLICE STATION PETITIONER (S): ACCUSED NO.4: --------------------------------- JAMAL AGED 42 YEARS, S/O.ABDUL RAZAK CHERUVADI, MUKKAM, KOZHIKODE DISTRICT. BY ADV. SRI.T.K.SAIDALIKUTTY RESPONDENT(S): --------------- 1. THE STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, MUKKAM POLICE STATION, MUKKAMM, KOZHIKKODE DISTRICT. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 666 of 2009 ----------------------------------------- Dated this the 20th February, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Sections 366A, 372, 373, 376, 376(g) and 306(1) read with 34 of the Indian Penal Code. According to prosecution, several persons committed rape on a minor girl aged 13 years, who was taken for this purpose by her mother and step-father. Petitioner is the 4th accused in the crime and he has also committed rape. 3. Learned counsel for petitioner submitted that petitioner surrendered before the Magistrate Court on 27.12.2008 and he is remanded. The co-accused are granted bail and petitioner may be granted bail, it is submitted. 4. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioner, but stringent condition may be imposed. 5. On hearing both sides, I am satisfied that bail can be granted to petitioner. BA.666/09 2 Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM until further orders. iii). Petitioner shall not enter the limits of the police station within which the crime is registered, except for compliance of condition in clause No.(ii) above. iv) Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.