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Biju vs State Of Kerala Represented By on 16 October, 2006

Kerala High Court
Biju vs State Of Kerala Represented By on 16 October, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5856 of 2006()


1. BIJU, AGED 23, S/O.GOPALAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.V.VENUGOPALAN NAIR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice J.M.JAMES

 Dated :16/10/2006

 O R D E R
                           J.M.JAMES, J.

                             --------------

                          B.A. 5856/2006

                           ------------------

  DATED THIS THE 16TH DAY OF OCTOBER, 2006




                             O R D E R

The petitioner is accused of the offence

punishable under Sections 450, 377 and 511 of 376 IPC,

in crime No.250/2006 of Paravur Police Station. It is

alleged that the petitioner had trespassed into the house

and attempted to commit rape on the victim, a girl aged

about 17 years, a neighbour and relative of the

complainant. The examination of the victim was done by

the local doctor. It show that there were two healed

abrasions below the right breast, one on the upper

abdomen, and one abrasion below the right clavicle. The

chemical analysis report is not available. The petitioner

remains in judicial custody from 15.9.2006. Hence this

application under Section 439 Cr.P.C.

2. After hearing both the counsel as well as the

prosecution and considering the stage of the investigation,

I grant bail and release the petitioner from jail, subject to

B.A.5856/2006

2

the following conditions:-

(a). The petitioner shall execute a bond

for Rs.25,000/-, with two solvent

sureties, each for the like sum, to the

satisfaction of the Judicial Magistrate of

First Class, Paravur.

(b). The petitioner shall report before

the Investigating Officer, once in a week

on every Thursday, between 10.00 a.m

and 11.00 a.m., for a period of three

months, starting from 19.10.2006, and

thereafter, on the first working day of

every month, between the same timings,

till the completion of the trial and final

disposal of the case.

The application is allowed as above.

J.M.JAMES

JUDGE

mrcs

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