IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2415 of 2010()
1. AKHIL, AGED 25 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent : No Appearance
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :30/04/2010
O R D E R
P.Q.BARKATH ALI, J.
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B.A.No. 2415 OF 2010
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Dated this the 30th day of April, 2010
ORDER
This is a bail application filed by the second accused in Crime
No.495/2010 of Kundara Police Station under section 439 of Cr.P.C.
2. The allegation against the petitioner is that he along with first
accused abducted the defacto complainant, a minor girl, aged 19, on March
24,2010 at about 12.15 p.m. in a car bearing Reg.No.KL41A.1517 with
intent to commit rape on her and that thereby committed the offence
punishable under Sections 363, 366(A) and 34 IPC and Section 3(1) (XI) of
SC ST Act as the defacto complainant belongs to Scheduled cast. Petitioner
was arrested on April 7, 2010. The Judicial Magistrate of First Class I,
Kollam dismissed his bail application.
3. It is alleged in the petition that petitioner is innocent of the
offence alleged against him, that he had no connection with the incident and
that recently he has undergone a brain surgery and that therefore he may be
released on bail.
4. Notice given to the learned Public Prosecutor. This petition is
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opposed by the learned Public Prosecutor.
5. Heard learned counsel for the petitioner and the learned Public
Prosecutor.
6. For the following reasons, I am inclined to grant bail to the
petitioner. Counsel for the petitioner produced the copy of the FI statement
wherein the defacto complainant has made no allegation against the
petitioner. He was only driving the car for some time. Further he is in
remand from 07/04/2010 onwards. Counsel for the petitioner produced
records to show that he has undergone brain surgery recently. The Public
Prosecutor submitted that the investigation in this case is almost over.
Therefore, I feel that petitioner can be released on bail, but subject to
conditions.
7. In the result, the petition is allowed. The petitioner shall be
released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty
Five Thousand only) with two solvent sureties for like sum each to the
satisfaction of the lower court on the following conditions:-
1) The petitioner shall appear before the
Investigating Officer as and when required.
2) The petitioner shall not commit similar offence
while on bail.
3) The petitioner shall co-operate with the
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investigation and shall not try to influence the
prosecution witnesses or tamper with the
evidence.
4) Petitioner shall not leave the limits of the
jurisdiction of the lower court without prior
permission.
5) If petitioner violates any of the conditions
mentioned above, lower court can cancel his bail.
P.Q.BARKATH ALI
JUDGE
sv.
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