IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Bail Appl..No. 6896 of 2008() ----------------------------- CMP.3245/2008 IN CRIME NO.452/08 OF MUKKOM POLICE STATION .................... PETITIONER(S):9TH ACCUSED -------------------- NOUSHAD, S/O.MUHAMMEDUNNI 28 YEARS, KUYILTHODI HOUSE KAVANNUR AMSOM VAKALLUR. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, MUKKOM POLICE STATION REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/12/2008, ALONG WITH B.A.NO.7695/08, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6896 & 7695 of 2008 --------------------------------------------- Dated this the 19th December, 2008 O R D E R Petitions for bail. 2. The alleged offences are under Sections 366(A), 372 and 376 IPC. According to prosecution, a minor girl aged 13 years was raped by her step father and thereafter her mother and step father supplied the girl to several persons who committed rape on the child on different dates on different day. 3. Petitioner in B.A.No.7695/2008 is accused no.8 and petitioner in B.A.No.6896/2008 is accused no.9. Learned counsel for petitioners submitted that the co-accused, who has committed rape, was granted bail by learned Sessions Judge and another accused was granted bail from this Court. It is submitted that the eighth accused, even as per the admitted case of the prosecution, has not committed rape on the child, but, he only helped another accused to introduce to the mother of the child. The Nineth accused allegedly committed rape. 4. Eighth accused was arrested on 17.10.2008 and Ninth accused was arrested on 25.10.2008. Learned public prosecutor submitted that he has no objection in granting bail to the BA No.6896 & 7695/2008 2 petitioners on stringent conditions. 5. On hearing both sides, I am satisfied that bail can be granted to petitioners on conditions. Hence, the following order is passed: i) Petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioners shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 A.M. and 1 P.M. until further orders. iii) Petitioners shall not enter the limits of the Police Station within which crime is registered except for compliance of direction in clause (ii) above. iv) Petitioners shall not influence or intimidate 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. Petitions are allowed. K.HEMA, JUDGE csl