IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4433 of 2008()
1. NIBIN, AGED 19 YEARS, S/O.ANTONY,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.P.K.SAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :16/07/2008
O R D E R
K. HEMA, J.
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Bail Appl.No. 4433 of 2008
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Dated this the 16th day of July, 2008.
ORDER
Petition for bail.
2. The alleged offences are under Sections 376(g),366
and 307 read with Section 34 of Indian Penal Code. This is a second
application for bail. According to prosecution, on 24.1.2008 at about 9
p.m. the first accused, who was in love with the de facto complainant,
took her to Cherai beach and she was subjected to rape and
thereafter the petitioner and the 3rd accused, who were accompanying
the 1st accused, also attempted to commit rape on her and, while
she resisted the same, they attempted to commit murder by
strangulating her with the shawl.
3. Learned counsel for petitioner submitted that the petitioner is
a 19 year old boy. He has in custody from 21.5.2008, for the past 56
days. The 3rd accused in the crime was granted bail as per order dated
4.7.2008 in B.A.4192/2008 on medical ground.
4. On hearing both sides, I am satisfied that further detention of
the petitioner may not be required for the purpose of investigation and
[B.A.No.4433/08] 2
hence, I am inclined to grant bail to the petitioner.
5. Hence, bail is granted to the petitioner on the following
terms and conditions:
i) Petitioner shall execute a bond for Rs.25,000/- with two
solvent sureties each for the like sum to the satisfaction of
the learned Magistrate.
ii) Petitioner shall report before the Investigating Officer on
every Monday and Thursday between 10 A.M. and 1 P.M.
until further orders.
iii) petitioner shall not enter the limits of the police station
within which the crime is registered, except for compliance
of direction in clause (ii).
iv) Petitioner shall not influence or intimidate any witness or
tamper with evidence and in case of breach of this
condition, bail is liable to be cancelled.
Petition is allowed.
K. HEMA, JUDGE.
Krs.