IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 Bail Appl..No. 5441 of 2009(V) ------------------------------ CRIME NO.482/2009 OF KASARAGOD POLICE STATION .................... PETITIONER/ACCUSED NO.2: -------------------------------------------- VAHIDA, W/O.ABDUL GAFOOR, AGED 26 YEARS, CHEEMULLU, MUNDYATHADUKKA, NEERCHAL GRAMAM, KASARAGOD. (NOW RESIDING AT ANANKOOR QUARTERS). BY ADV. SRI.MAHESH V RAMAKRISHNAN RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KRALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/09/2009, ALONG WITH BA NO.5442 OF 2009 AND OTHERS, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.5441, 5442, 5443, 5444, 5445 & 5448 OF 2009 ------------------------------------------------------ Dated this the 29th day of September, 2009 O R D E R These are applications for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the second accused in Crime Nos.482, 476, 478, 479, 477 and 480 of 2009 respectively of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 376 and 366(A) 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. The petitioner enticed Fathimath Zuhra and led her to several places and she was subjected to rape by about 15 persons on different dates. B.A. NO. 5441, 5442, 5443, 5444, 5445 & 5448 OF 2009 :: 2 :: 4. The petitioner was arrested on 18.7.2009 and she was remanded to judicial custody. 5. B.A.No.4537 of 2009 filed by the the accused in Crime No.472 of 2009, B.A.No.4984 of 2009 filed by the first accused in Crime No.480 of 2009 of Kasaragod Police Station and B.A.No.4994 of 2009 filed by the first accused in C.R.No.476 of 2009 were allowed by this Court. 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 her 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. 5441, 5442, 5443, 5444, 5445 & 5448 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 her 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 three months 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/