IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6900 of 2008()
1. JOSEPH.N.C.@ OUSEPPACHAN,
... Petitioner
Vs
1. STATE OF KERALA, THROUGH THE SUB
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :24/11/2008
O R D E R
K.HEMA, J.
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B.A.No.6900 of 2008
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Dated this the 24th November, 2008
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 376 IPC and
3(1)(xi) and 3(2) of SC/ST (Prevention of Atrocities) Act.
According to prosecution, petitioner committed rape on daughter
of the defacto complainant, who is aged 3= years, from his
residential house.
3. Learned counsel for petitioner submitted that the
allegations are false. Petitioner is in custody for the past 86 days
from 30.8.2008 onwards.
4. Learned public prosecutor submitted that he has no
objection in granting bail by imposing stringent conditions.
On hearing both sides, I am satisfied that bail can be
granted to the petitioner on conditions and hence, the following
order is passed:
Petitioner is granted bail on his executing bond for
Rs.25,000/- with two solvent sureties each for like
sum to the satisfaction of the Magistrate Court
BA No. 6900/2008 2
concerned on the following conditions:
(i) Petitioner shall report before the
Investigating Officer on every Monday,
Wednesday and Saturday between 10 a.m.
and 1 p.m. until further orders.
(ii) Petitioner shall not enter the limits of
police station within which crime is
registered except for compliance of
direction in clause no.(i) above.
(iii) Petitioner shall not enter any place lying
within 100 mtrs. of radius from the house
of defacto complainant.
(iv) Petitioner shall not influence or intimidate
any witness or tamper with evidence or
commit any offence while on bail and in
case of breach of this condition, bail is
liable to be cancelled.
The petition is allowed.
K.HEMA, JUDGE
csl