IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6896 of 2008()
1. NOUSHAD, S/O.MUHAMMEDUNNI
... Petitioner
Vs
1. STATE OF KERALA, THROUGH THE
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :19/12/2008
O R D E R
K.HEMA, J.
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B.A.No.6896 & 7695 of 2008
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Dated this the 19th December, 2008
O R D E R
Petitions for bail.
2. The alleged offences are under Sections 366(A), 372
and 376 IPC. According to prosecution, a minor girl aged 13
years was raped by her step father and thereafter her mother
and step father supplied the girl to several persons who
committed rape on the child on different dates on different day.
3. Petitioner in B.A.No.7695/2008 is accused no.8 and
petitioner in B.A.No.6896/2008 is accused no.9. Learned counsel
for petitioners submitted that the co-accused, who has
committed rape, was granted bail by learned Sessions Judge and
another accused was granted bail from this Court. It is
submitted that the eighth accused, even as per the admitted case
of the prosecution, has not committed rape on the child, but, he
only helped another accused to introduce to the mother of the
child. The Nineth accused allegedly committed rape.
4. Eighth accused was arrested on 17.10.2008 and Ninth
accused was arrested on 25.10.2008. Learned public prosecutor
submitted that he has no objection in granting bail to the
BA No.6896 & 7695/2008 2
petitioners on stringent conditions.
5. On hearing both sides, I am satisfied that bail can be
granted to petitioners on conditions.
Hence, the following order is passed:
i) Petitioners shall be released on bail on their
executing 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 A.M. and 1 P.M. until further orders.
iii) Petitioners shall not enter the limits of the Police
Station within which crime is registered except for
compliance of direction in clause (ii) above.
iv) Petitioners shall not influence or intimidate any
witness or tamper with evidence or commit any
offence while on bail and in case of breach of this
condition, bail is liable to be cancelled.
Petitions are allowed.
K.HEMA, JUDGE
csl