IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7492 of 2009()
1. MEERANKUNHI,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.SHAIJAN C.GEORGE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :01/01/2010
O R D E R
P.Q. BARKATH ALI, J.
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B.A. 7492 of 2009
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Dated: JANUARY 1, 2010
ORDER
This is a bail application filed by the 3rd accused in Crime No.445
of 2006 of Thoppumpady Police Station, coming within the jurisdiction
of Judicial First Class Magistrate Court-II, Kochi, under sec.439 of
Cr.P.C.
2. The allegation against the petitioner is that he, along with five
other accused persons, took the de facto complainants to Dubai and
committed rape on her and that the accused has thereby committed
offences punishable under secs.420, 376 and 342 read with sec.34 of
IPC.
3. It is alleged in the petition that the 3rd accused in the case
was one Rafeeq, that this petitioner was arrested on 23.10.2009
alleging that he is the said Rafeeq, that the other accused persons in
this case were released on bail and that therefore he may be released
on bail.
4. Notice given to the Public Prosecutor. The Public Prosecutor
opposed the bail application. Heard learned counsel for the petitioner
and the learned Public Prosecutor and perused the case diary
produced.
5. It is admitted that accused Nos.1, 5 and 8 were already
released on bail by this court, but the bail application of the petitioner
BA 7492/09 2
was rejected. Further, the petitioner was in remand from October 23,
2009 onwards. On going through the case diary it is seen that
investigation in this case is almost over. Therefore I feel that the
petitioner can be released on bail, but on conditions.
In the result the petition is allowed. The petitioner shall be
released on bail on executing a bond for Rs.25,000/- (twentyfive
thousand) with two solvent sureties each for the like sum to the
satisfaction of the lower court on the following conditions:-
i. The petitioner shall report before the Investigating Officer on
all Mondays at 10 a.m.
ii. The petitioner shall not commit similar offence while on bail.
iii. The petitioner shall not try to influence the witnesses or
tamper with the evidence.
iv. The petitioner shall not leave the jurisdiction of the lower
court without prior permission.
P.Q. BARKATH ALI, JUDGE
mt/-