IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7309 of 2007()
1. MIDHUNRAJ, S/O. THYAGARAJAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.ALAN PAPALI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/11/2007
O R D E R
R. BASANT, J.
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B.A.No. 7309 of 2007
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Dated this the 29th day of November, 2007
O R D E R
Application for regular bail. The petitioner is the first
accused. He faces allegations for offences punishable under
Sections 365 and 376 r/w. 511 I.P.C. The petitioner was arrested
on 27.9.2007. There is no allegation that the petitioner
attempted to commit rape. He is only imputed with the common
intention along with the co-accused in the attempt to commit the
offence. The petitioner has remained in custody from 27.9.2007.
Investigation is not complete. Final report has not been filed yet.
The learned counsel for the petitioner submits that even if the
entire allegations were accepted, the petitioner, who has
remained in custody from 27.9.2007, is now entitled for bail by
default under the proviso to Section 167(2) Cr.P.C. The
petitioner may hence be enlarged on bail.
2. The learned Prosecutor does not oppose the application
and I am satisfied in the facts and circumstances of the case that
B.A.No. 7309 of 2007
2
the petitioner can be released on bail, subject to appropriate terms and
conditions.
3. In the result:
1) This application is allowed.
2) The petitioner shall be released on bail on the following terms
and conditions.
(a) He 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 between 10 a.m. and 12 noon. on all Mondays
and Fridays for a period of two months and thereafter as and when
directed by the Investigating Officer in writing to do so.
(R. BASANT)
Judge
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