IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 471 of 2009()
1. KALESH, S/O KUTTAPPAN, THANPONNANKALA
... Petitioner
Vs
1. STATE OF KERALA-REPRESENTED BY
... Respondent
For Petitioner :SMT.SANGEETHA LAKSHMANA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :20/02/2009
O R D E R
K. HEMA, J.
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B.A. No. 471 of 2009
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Dated this the 20thday of February, 2009
O R D E R
Petition for bail.
2. The alleged offences are under sections 366, 376 and
34 IPC. According to prosecution, the victim in this crime is
aged 13 years now. At the age of 11 years, she went to the 1st
accused and she stayed with him for 2 = months, as sent by her
parents. The girl became pregnant and she got aborted. Later
she fell in love with petitioner. A complaint was given by her
mother stating that she was missing and a crime was registered
under the caption “woman missing”. Later, they came back and
lived with the mother for some time. Again she left with the 2nd
accused and in the meantime, she was raped by both the
accused.
3. Petitioner was arrested on 10-1-2009. Learned
counsel for petitioner submitted that even according to victim,
she is aged 18 years, as revealed from the statement given to the
police, which is produced as Annexure-II. Learned counsel for
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petitioner also submitted that the girl is now with another
person.
4. Learned Public Prosecutor submitted that he has no
objection in granting bail but stringent conditions may be
imposed.
5. On hearing both sides, I am satisfied that bail can be
granted to petitioner on conditions.
6. Hence, petitioner shall be released on bail on his
executing a bond for Rs.50,000/- with two solvent sureties each
for the like amount to the satisfaction of the learned Magistrate,
on the following conditions:-
1) Petitioner shall report before the
Investigating Officer on every Monday,
Wednesday and Saturday between 10
a.m. and 1 p.m. until further orders.
2) Petitioner shall not enter the limits of the
police station within which the crime is
registered except for compliance of
direction in condition (1)
3) Petitioner shall not intimidate or influence
any witness or commit any offence while
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on bail and in case breach of this
condition, bail is liable to be cancelled.
This petition is allowed.
K.HEMA, JUDGE.
mn.