IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6607 of 2009()
1. ABDUL SHAFEEK, AGED 22/09
... Petitioner
2. UMAIBA O.K., AGED ABOUT 35 YEARS,
Vs
1. STATE OFKERALA, REP. BY INSPECTOR OF
... Respondent
For Petitioner :SRI.T.B.SHAJIMON
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :17/11/2009
O R D E R
K.T.SANKARAN, J.
-----------------------------------------------
B.A. No.6607 of 2009
------------------------------------------------
Dated this the 17th day of November, 2009
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioners are accused
Nos.1 and 4 in Crime No.275 of 2009 of Kumbla Police
Station, Kasaragod District.
2. The offences alleged against the petitioners 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 against the
first accused is that he pretended love with the victim and
had committed the offence upon her.
4. The first accused was arrested on 30.9.2009.
The fourth accused was arrested on 27.9.2009. The fourth
accused is the mother of the first accused. She was
B.A. NO. 6607 OF 2009
:: 2 ::
responsible for taking the victim to several places and
providing opportunity for the other accused to commit the
offence. The fourth accused is a person involved in the sex
racket.
5. Taking into account the facts and circumstances
of the case, the duration of the judicial custody undergone
by the first petitioner (first accused) and the present stage
of investigation, I am of the view that bail can be granted to
the first petitioner on stringent conditions. At the same
time, the request for bail made by the second petitioner
(fourth accused) is liable to be rejected.
The first 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 first 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 first petitioner shall appear before the
investigating officer for interrogation as and when
required;
B.A. NO. 6607 OF 2009
:: 3 ::
c) The first 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;
d) The first petitioner shall not try to influence the
prosecution witnesses or tamper with the evidence;
e) The first 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 in so far as it relates to
the first petitioner (first accused) in the manner indicated
above and the Bail Application is dismissed in so far as it
relates to the second petitioner (fourth accused).
(K.T.SANKARAN)
Judge
csl