IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3973 of 2008()
1. MUHAMMED MUSTHAFA, S/O. MUSTHAFA,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.VINOY VARGHESE KALLUMOOTTILL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :24/06/2008
O R D E R
K.HEMA, J.
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B.A.No.3973 of 2008
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Dated this the 24th day of June, 2008
O R D E R
This petition is for bail.
2. The alleged offence is under Section 376 of Indian Penal
Code. The alleged victim was working as servant in the house of the
petitioner and she was allegedly raped by the petitioner on several
occasions, while his wife was not available in the house. The victim
is aged 16 years.
3. Learned counsel for petitioner submitted that this is a
falsely foisted case. The petitioner has not committed any offence.
He is aged 85 years. According to him, the alleged victim left the
house in April, 2008 and thereafter started working in another
house. She and her mother thereafter made demands for money
from the petitioner, which the petitioner was not willing to give.
Thereafter, after two months, a false complaint has been filed
against the petitioner.
4. Heard both sides. As per the allegations in the First
Information Statement, rape was committed on the 16 year old girl
and it is stated therein that there was penetration. But, as per the
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medical report dated 29.5.2008, the hymen was intact and vagina
admits only tip of finger. The opinion is that there is no sign of
sexual intercourse. There was no history of bleeding also during
the sexual act. It is seen from the records that the alleged victim
was examined in another hospital also on the same day on 3.30 pm
and there was also an observation, “hymen intact, admits tip of
finger”.
5. Learned Public Prosecutor submitted that as per the report
dated 29.5.2008 at 3.30 pm issued from the SAT hospital, opinion is
reserved waiting receipt of chemical analysis report. It appears
vaginal swab was taken and sent for chemical analysis. But, it was
taken long after two months of the alleged incident. Petitioner is in
custody from 2.6.2008 onwards.
6. On hearing both sides, I am satisfied that bail can be
granted to the petitioner.
Hence, petitioner is granted bail on the following terms and
conditions:
i) Petitioner shall execute a bond for Rs.50,000/- with two
solvent sureties each for the like sum to the satisfaction of the
court below.
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ii) Petitioner shall report before the investigating officer on
every Monday between 10 AM and 1 PM until further orders.
iii). Petitioner shall not leave the limits of the police station
within which he is residing, except with the previous permission of
the Magistrate Court concerned.
iv) Petitioners shall not tamper with evidence or influence the
witnesses or intimidate them or get involved in any offence of
similar nature while on bail and in case of breach of this condition,
the bail is liable to be cancelled.
Petition is allowed.
K.HEMA, JUDGE
vgs.