IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH SEPTEMBER 2009 / 19TH BHADRA 1931 Bail Appl..No. 4525 of 2009 CRIME NO.471 OF 2009 OF KASARAGOD POLICE STATION PETITIONER/ACCUSED -------------------------------------- C.M.ABDUL NAZER, AGED 29 YEARS, S/O.MUHAMMED, RESIDING AT CHATTUMKUZHI HOUSE, CHATTUMKUZHI, MADHUR VILLAGE, KASARAGOD DIST. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, KASARAGOD, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4525 OF 2009 ------------------------------------------------------ Dated this the 10th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.471 of 2009 of Kasaragod Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The victim, Fathimath Zuhra was a minor at the relevant time. She was in the Yatheem Khana, till she attained the age of puberty. Since the girl could not stay in a Yatheem Khana after she attained the age of puberty, she was taken to the house by her mother. She was living in a rented building. A neighbour by name Vahida, enticed Fathimath Zuhra and led her to several places and she was subjected to rape by about 15 persons on different dates. The petitioner is one among them. B.A. NO. 4525 OF 2009 :: 2 :: 4. The petitioner was arrested on 4.7.2009 and he was remanded to judicial custody. 5. B.A.No.4537 of 2009 filed by the the accused in Crime No.472 of 2009 and B.A.No.4984 of 2009 filed by the first accused in Crime No.480 of 2009 of Kasaragod Police Station were allowed by this Court by the orders dated 7.9.2009. B.A.No.4994 of 2009 filed by the first accused in Crime No.476 of 2009 was allowed by this Court as per the order dated 8.9.2009. 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. 7. 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 Judicial Magistrate of the First Class – I, Kasaragod, subject to the following conditions: B.A. NO. 4525 OF 2009 :: 3 :: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, Wednesdays and Saturdays, 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 surrender his passport, if any, before the Judicial Magistrate of the First Class, Kasaragod. If the petitioner is not a passport holder, an affidavit shall be filed to that effect; d) The petitioner shall not enter into the limits of Kasaragod Police Station for a period of one month except for complying with conditions (a) and (b); e) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; g) 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 ahz/