IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 Bail Appl..No. 4599 of 2008() ----------------------------- CRIME NO.392/2008 OF NILAMBUR POLICE STATION .................... APPLICANT : ACCUSED ----------------- REJI LUKA, AMBATT HOUSE, VENNAKKADU ,PALIPPADOM AMSOM NILAMBUR TALUK BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT ----------------------------------------------- STATE OF KERALA,REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REP. BY THE SI OF POLICE, NILAMBUR. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.4599 of 2008 --------------------------------------- Dated this the 29th day of July, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 376 IPC and Section 3(2)(v) of SC/ST (PA) Act. 3. According to the prosecution, the petitioner, the alleged victim, her parents and others went for a film and thereafter, they came back to the petitioner's shop. From there, he gave liquor to the victim's parents and others. They slept in the varandha of the shop while the girl was forcibly taken to a shed nearby and she subjected to rape by the petitioner. The petitioner was arrested on 29.6.2008 and he is in custody since then. 4. Learned public prosecutor submitted that it is likely that the petitioner will influence the witnesses, since the victim and the witnesses are also tribals. He may also intimate and interfere with the investigation. Hence, this petition is opposed. BA No.4599/08 2 5. Learned counsel for the petitioner submitted that the petitioner is prepared to abide by any condition. He will not even enter the police station within which the witnesses are residing. 6. On hearing both sides, I find that the petitioner has been in custody for the past 30 days and the petitioner is prepared to abide by any condition and hence, petitioner can be granted bail on conditions. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute 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 DYSP, Perinthalmanna on every Monday, Wednesday and Saturday between 10 a.m. to 1 p.m. until further orders. (iii) Petitioner shall not enter the limits of the Nilambur Police Station within which the crime is registered and the victim and witnesses are residing. BA No.4599/08 3 (iv) Petitioner shall not leave the limits of the Perinthalmanna Police Station without the prior permission of the learned Magistrate. (v) Petitioner shall not influence or threaten any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl BA No.4599/08 4 K.HEMA, JUDGE csl