IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6347 of 2009()
1. ABDUL BASHEER C.K.,
... Petitioner
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
For Petitioner :SRI.T.MADHU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :03/11/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.6347 of 2009
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Dated this the 3rd day of November, 2009
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is accused No.2 in
Crime No.275 of 2009 of Kumbla Police Station, Kasaragod.
2. The offences alleged against the petitioner are under
Sections 366A, 376, 506(i), 417 and 109 read with Section 34 of
the Indian Penal Code.
3. The victim is a minor girl who was aged 16 years at
the relevant time. The allegation is that accused Nos.4 and 5,
two ladies in the neighbourhood, took the minor girl to several
places and allowed the other accused to commit the offence on
the minor girl. The allegation is that the petitioner had sexual
relationship with the minor girl once. It is stated by the learned
Public Prosecutor that unlike the other accused, there is no case
against the petitioner that he is involved in the racket. There is
no case that apart from the incident on one occasion, he had any
involvement in the incidents on other dates.
BA No.6347/2009 2
4. The petitioner was arrested on 28.9.2009. On
29.10.2009, the mother of the petitioner expired. Though an
order was passed on 30th October 2009 in this Bail Application to
take the petitioner to his house and to the mosque, he could not
attend the funeral, as by the time the order reached the jail
authorities, funeral was over.
5. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioner and the present stage of investigation, I am of the view
that bail can be granted to the petitioner on stringent conditions.
The petitioner shall be released on bail on his executing
bond for Rs.25,000/- 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 every Monday and
Thursday, till the final report is filed or until further orders;
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 court of the Judicial Magistrate of the First Class-I,
Kasaragod. If the petitioner does not possess a passport,
an affidavit to that effect shall be filed before the learned
Magistrate;
BA No.6347/2009 3
d) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
e) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
f) 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
csl
