IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Bail Appl..No. 8058 of 2008() ----------------------------- CRIME NO.776/09 OF HOSDURG POLICE STATION PETITIONER/ACCUSED -------------------------------------- KAREEM.M., AGED 24 YEARS,S/O.MOHAMMED, SRANK HOUSE, MUKKUTTU,THITTARI, KASARAGOD DISTRICT BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING, S.H.O.HOSDURG POLICE STATION. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 8058 of 2008 ----------------------------------------- Dated this the 12th January, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Section 376 of the Indian Penal Code. According to prosecution, petitioner committed rape on a minor girl, aged 9 years in the year 2004 after June. 3. Learned counsel for petitioner submitted that petitioner was working abroad in the year 2004 and he had left India on 10th June, 2004. When he came back from abroad, a false case has been filed against him stating that he had committed rape after June, when he was actually working abroad. Petitioner was arrested on 20.12.2008 and he is in custody. 4. Learned Public Prosecutor submitted that taking into consideration the stage of investigation, he has no objection in granting bail to petitioner, but he made it clear that he is not conceding to the defence put forward. 5. On hearing both sides and on going through the case diary, I am satisfied that bail can be granted to petitioner. BA.8058/08 2 Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- 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 between 10 AM and 1 PM until further orders. iii). 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.