IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7059 of 2007()
1. DEEPAK, S/O.PEETHAMBARAN'CHOLECHIRAYIL
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED
... Respondent
For Petitioner :SRI.SHIJU ABRAHAM VERGHIS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :20/11/2007
O R D E R
R. BASANT, J.
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B.A.No. 7059 of 2007
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Dated this the 20th day of November, 2007
O R D E R
Application for regular bail. The petitioner is the second
accused. He, along with the co-accused, the first accused, faces
allegations for offences punishable, inter alia, under Section 376
I.P.C. The first accused allegedly committed rape on a 52 year
old woman. Even allegedly the petitioner had not committed the
offence of rape. He had only accompanied the first accused. The
petitioner contends that he was only a taxi driver and the
petitioner had no reason to believe that the victim was not a
consenting party, who was proceedings voluntarily. The alleged
incident took place on 14.10.2007. The petitioner was arrested
on 15.10.2007. The first accused has also been arrested on the
next day. The petitioner continues in custody from 15.10.2007.
2. The learned Prosecutor points out further that some
ornaments of the victim were allegedly handed over by the first
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2
accused to the petitioner herein and they both together had allegedly
disposed it of.
3. The learned Prosecutor opposes the application.
Notwithstanding the opposition, I am satisfied, in the facts and
circumstances, of the case that the petitioner, who has remained in
custody from 15.10.2007, can now be enlarged on bail subject to
appropriate terms and conditions.
4. In the result:
1) This application is allowed.
2) The petitioner shall be released on bail on the following terms
and conditions.
(a) The petitioner shall execute a bond for Rs.1,00,000/-
(Rupees one lakh only) with two solvent sureties each for the like sum
to be satisfaction of the learned Magistrate.
(b) He shall make himself available for interrogation before the
Investigating Officer on all Mondays and Fridays between 10 a.m.
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and 12 noon for a period of three months and thereafter as and when
directed by the Investigating Officer in writing to do so.
(R. BASANT)
Judge
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