IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 Bail Appl..No. 712 of 2009() ---------------------------- CRMP.168/2009 of DISTRICT COURT, PATHANAMTHITTA .................... (CRIME NO.740/2008 F ADOOR POLICE STATION) PETITIONER(S): ACCUSED: ----------------------------------------- AHSRAF, AGED 30 YEARS, KUZHINJAYYATHU VEEDU, PARAKODE MURI, ADOOR VILLAGE. BY ADV. SMT.T.S.MAYA (THIYADIL) RESPONDENT(S): COMPLAINANT: -------------------------------------------------- STATE OF KERALA, THROUGH THE CIRLCE INSPECTOR OF POLICE, ADOOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 712 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 16th day of February, 2009 O R D E R Petition for bail. 2. The alleged offence is under section 376 IPC. According to prosecution, on 2-9-2008 petitioner committed rape on VIII th Standard girl who is a mentally retarded person. 3. Petitioner surrendered before the Magistrate Court on 24-11-2008 and he is in custody for 84 days. Learned Public Prosecutor submitted that he has no objection in granting bail on stringent conditions. 4. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. 5. 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, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not enter the limits of the police station within which the crime is BA 712/09 -2- registered except for compliance of direction in condition (1). 3) Petitioner shall not intimidate or influence any witness 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.