High Court Kerala High Court

Abdul Jabbar.P.K vs State Of Kerala Represented By … on 10 February, 2009

Kerala High Court
Abdul Jabbar.P.K vs State Of Kerala Represented By … on 10 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 216 of 2009()


1. ABDUL JABBAR.P.K,S/O.P.K.MOHAMMED,
                      ...  Petitioner
2. HANEEFA, S/O.MUHAMMED KUNHI,AGED 25 YRS,

                        Vs



1. STATE OF KERALA REPRESENTED BY STATION
                       ...       Respondent

                For Petitioner  :SRI.SURESH KUMAR KODOTH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :10/02/2009

 O R D E R
                           K.HEMA, J.

               -----------------------------------------
                      B.A.No. 216 of 2009,
                      B.A.No.232 of 2009
                                  &
                      B.A.No.428 of 2009
               -----------------------------------------

             Dated this the 9th February, 2009

                            O R D E R

This petition is for bail.

2. The alleged offences are under Sections 376A and 34

of the Indian Penal Code and according to prosecution, it was

subsequently altered to Section 376G IPC. According to

prosecution, a girl, aged 16 years, was raped by accused 1 to

4 on 17.12.2008. On prior occasions also the offence was

committed from the house of de facto complainant, who is the

mother of the victim. Petitioners in B.A.No.216 of 2009 are

accused 1 and 2, petitioner in B.A.No.232 of 2009 is third

accused and petitioner in B.A.No.428 of 2009 is the fourth

accused.

3. Learned counsel for fourth accused submitted that

there is no allegation that the fourth accused committed rape

as per the First Information Statement. At the time when the

girl was produced in court on a complaint filed by her mother,

BA.216, 232 and 428/09 2

which was registered under the caption ‘man missing’, the girl

stated that she was sexually assaulted by the fourth accused.

She has not specifically stated that she was raped by him.

Petitioners were arrested on 20.12.2008 and they are in

custody for the past 50 days.

4. Learned Public Prosecutor submitted that stringent

condition may be imposed while granting bail, but he has no

objection in granting bail, considering the stage of

investigation.

5. On hearing both sides, I am satisfied that bail can be

granted to petitioners.

Hence, bail is granted to petitioners on the following

terms and conditions:

i) Petitioners shall execute a bond for Rs.50,000/-

each with two solvent sureties each for the

like sum to the satisfaction of the Magistrate

Court concerned.

ii) Petitioners shall report before the investigating

officer on every Monday, Wednesday and

Saturday between 10 AM and 1 PM until

further orders.

BA.216, 232 and 428/09 3

iii). Petitioners shall not enter the limits of the

police station within which the crime is

registered, except for compliance of condition

in clause No.(ii) above.

iv) Petitioners shall not tamper with evidence or

influence the witnesses or intimidate them or

commit any offence while on bail and in case

of breach of this condition, the bail is liable to

be cancelled.

Petition is allowed.

K.HEMA, JUDGE
vgs.