IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6523 of 2008()
1. RAHEEB, AGED 27 YEARS, S/O.MUHAMMED,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.P.S.SREEDHARAN PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :04/11/2008
O R D E R
K.HEMA, J.
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B.A.No.6523 of 2008
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Dated this the 4th November, 2008
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 366A and 376
IPC. According to prosecution, petitioner who is a Madrassa
teacher, was found along with a 14 year old girl and people of
the locality apprehended him and handed over to the police on
23.8.2008. It was revealed that he had kidnapped the girl and
she was also raped by him earlier.
3. Learned counsel for petitioner submitted that
petitioner is in custody for the past 74 days. Originally, the
crime was registered only under Section 366A IPC and later
offence under Section 376 IPC was also added.
4. Learned public prosecutor submitted that he has no
objection in granting bail, but, stringent conditions may be
imposed. He may be directed to surrender his passport and he
may not be permitted to leave Kozhikode district.
Hence, bail is granted to the petitioner on the following
terms and conditions:
BA No.6523/2008 2
(i) Petitioner shall execute a bond for Rs.50,000/- with
two solvent sureties each for the like sum to the
satisfaction of the Magistrate Court concerned.
(ii) Petitioner shall report before the Circle Inspector of
Police, Cheruvannoor on every alternate day between
10 a.m. and 1 p.m. until further orders.
(iii) Petitioner shall not enter the limits of the police
station within which the alleged victim is residing.
(iv) Petitioner shall not leave Kozhikode district except
with previous permission of the learned Magistrate.
(v) Petitioner shall surrender his passport within seven
days of his release from custody and if he is not in
possession of the passport, he shall file an affidavit to
that effect within the same time.
(vi) Petitioner shall not influence or threaten any witness
or shall not commit any offence while on bail and in
case of breach of this condition, bail is liable to be
cancelled.
The petition is allowed.
K.HEMA, JUDGE
csl