IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 Bail Appl..No. 4521 of 2009() ----------------------------- CR NO.118/2009 OF KALPETTA POLICE STATION PETITIONER (S): ACCUSED NO.1 -------------------- U.A. HASHIM ALI, AGED 26 YEARS, S/O. ABDUL KHADER, UNINOOR HASSANKADE HOUSE, PADANNA POST, HOSDURG TALUK, KASARGOD DIST. BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & STATE ----------------------------------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION OFFICER, (CR. NO. 118 OF 2009 OF KALPETTA POLICE STATION) PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4521 of 2009 --------------------------------------------- Dated this the 14th day of August, 2009 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in C.R.No.118 of 2009 of Kalpetta Police Station. 2. The offences alleged against the petitioner are under Sections 366A, 342, 372, 373, 376(g) and 377 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is that the victim, who is a girl aged 17 years, came to Calicut on invitation of her lover Jithu (3rd accused). They took a cool drink from a cool drink stall. Thereafter, the third accused did not turn up. The first accused enticed her and took her to Mangalore where she was raped by him. The first accused allowed other persons also to commit rape on her. The petitioner was arrested on 17.5.2009 and he is in judicial custody. 4. The petitioner and the second accused filed B.A.No.3582 of 2009 under Section 439 of the Code of Criminal BA No.4521/2009 2 Procedure which was dismissed by me on 7.7.2009. Later, the second accused was granted bail as per the order dated 7th August 2009 in B.A.No.4378 of 2009. 5. Learned public prosecutor submitted that the investigation of the case is almost over and it is not necessary to detain the petitioner further. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the Chief Judicial Magistrate Court, Kalpetta, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; BA No.4521/2009 3 d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl