IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4994 of 2009()
1. HARIS
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.M.SASINDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :08/09/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 4994 OF 2009
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Dated this the 8th day of September, 2009
O R D E R
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioner is the first accused in Crime
No.476 of 2009 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. A neighbour by name
Vahida, enticed Fathimath Zuhra and led her to several places and
she was subjected to rape by about 15 persons on different dates.
The petitioner is one among them.
B.A. NO. 4994 OF 2009
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4. The petitioner was arrested on 7.7.2009 and he was
remanded to judicial custody.
5. B.A.No.4537 of 2009 filed by the the accused in Crime
No.472 of 2009 and B.A.No.4984 of 2009 filed by the first accused in
Crime No.480 of 2009 of Kasaragod Police Station were allowed by
this Court by the orders dated 7.9.2009.
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 his 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:
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.A. NO. 4994 OF 2009
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b) The petitioner shall appear before the investigating
officer for interrogation as and when required;
c) The petitioner shall surrender his 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 one month
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/