IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 Bail Appl..No. 5754 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.5245/2008 Dated 22/08/2008 CRIME NO. 685/2008 OF KUNDARA POLICE STATION PETITIONER/3RD ACCUSED --------------------------------------- SARAVANAN, AGED 34 YEARS, S/O.CHOCKALINGAM, 38/333, KRISHNA VILASAM, KARAMANA, THIRUVANANTHAPURAM. BY ADV. SRI.C.B.SREEKUMAR RESPONDENT: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME 685 OF 2008 OF KUNDARA POLICE STATION). BY P.P. SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5754 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of September,2008 O R D E R Petition for bail. 2. The alleged offence is under section 376 of the I.P.C. According to prosecution, defacto-complainant, who is aged 17 years, was raped by her own father and his brother on several occasions, when she was aged only 15 years. An attempt of rape was made by petitioner also on her. Petitioner is a friend of her father. On a complaint given by her, a crime was registered against the victim's father, father's brother and also petitioner. 3. Learned Public Prosecutor submitted that petitioner has been in custody for the past 52 days and considering the stage of investigation and the limited role of petitioner, he has no objection in granting bail to petitioner on stringent conditions. 4. On hearing both sides, I am satisfied that petitioner can be granted bail, since his role is different from that of the other accused, in the commission of the offence. 5. Petitioner is granted 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 and BA 5754/08 -2- Thursday between 10 a.m. and 1 p.m. until further orders. 3) Petitioner shall not leave the limits of the police station within which the crime is registered except with the prior permission of the learned Magistrate. 4) Petitioner shall not intimidate or influence any witness or tamper with evidence 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.