IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5017 of 2007()
1. SAJI, S/O.PONNU MUTHAN NADAR,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :17/08/2007
O R D E R
R.BASANT, J
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B.A.No.5017 of 2007
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Dated this the 17th day of August, 2007
ORDER
Application for regular bail. The petitioner faces allegations
under Section 376 r/w 511 I.P.C. The crux of the allegations against
the petitioner, a young married police constable is that he attempted
to commit rape on a 9 year old daughter of a neighbour. The said
child had admittedly gone to the house of the petitioner at a time
when there was no other person in that house to collect certain
amounts which were allegedly due from the petitioner to the parents
of the girl. The petitioner allegedly took the child inside. He allegedly
kissed her. He allegedly introduced his fingers into the private parts of
the victim girl. The girl went back to her mother and complained. The
incident took place on 24.06.07. The crime was registered only on
05.07.07. Investigation is in progress. The petitioner was arrested on
06.07.07. The petitioner continues in custody from 06.07.07.
2. The learned counsel for the petitioner submits that the
allegations are totally false. They are so improbable that no
reasonably prudent person can believe the same. Finally it is
submitted that even if the entire allegations were accepted, there are
no elements whatsoever to show that there was an attempt to rape. It
is in these circumstances prayed that the petitioner who has remained
B.A.No.5017 of 2007 2
in custody from 06.07.07 may be enlarged on bail subject to
appropriate terms and conditions.
3. The learned Public Prosecutor opposes the application.
But notwithstanding the opposition, on an anxious consideration of all
the relevant inputs, I am persuaded to agree that the petitioner can
now be enlarged on bail subject of course to appropriate conditions.
4. In the result, this application is allowed. The petitioner
shall be released on bail on the following terms and conditions.
i) The petitioner shall execute a bond for Rs.50,000/-
(Rupees Fifty thousand only) with two solvent sureties each for the like
sum to the satisfaction of the learned Magistrate;
ii) The petitioner shall make himself available for interrogation
before the Investigating Officer between 10 a.m and 12 noon on all
Mondays for a period of three months and thereafter as and when
directed by the Investigating Officer in writing to do so;
iii) The petitioner shall not enter the Session division of
Trivandrum until further orders without the prior permission of the
learned Magistrate except for the purpose of complying with condition
(ii) above.
(R.BASANT, JUDGE)
rtr/-
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