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.