High Court Kerala High Court

Noushad vs State Of Kerala on 19 December, 2008

Kerala High Court
Noushad vs State Of Kerala on 19 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6896 of 2008()


1. NOUSHAD, S/O.MUHAMMEDUNNI
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, THROUGH THE
                       ...       Respondent

                For Petitioner  :SRI.SUNNY MATHEW

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :19/12/2008

 O R D E R
                              K.HEMA, J.
                   ---------------------------------------------
                    B.A.No.6896 & 7695 of 2008
                   ---------------------------------------------
                Dated this the 19th December, 2008


                                 O R D E R

Petitions for bail.

2. The alleged offences are under Sections 366(A), 372

and 376 IPC. According to prosecution, a minor girl aged 13

years was raped by her step father and thereafter her mother

and step father supplied the girl to several persons who

committed rape on the child on different dates on different day.

3. Petitioner in B.A.No.7695/2008 is accused no.8 and

petitioner in B.A.No.6896/2008 is accused no.9. Learned counsel

for petitioners submitted that the co-accused, who has

committed rape, was granted bail by learned Sessions Judge and

another accused was granted bail from this Court. It is

submitted that the eighth accused, even as per the admitted case

of the prosecution, has not committed rape on the child, but, he

only helped another accused to introduce to the mother of the

child. The Nineth accused allegedly committed rape.

4. Eighth accused was arrested on 17.10.2008 and Ninth

accused was arrested on 25.10.2008. Learned public prosecutor

submitted that he has no objection in granting bail to the

BA No.6896 & 7695/2008 2

petitioners on stringent conditions.

5. On hearing both sides, I am satisfied that bail can be

granted to petitioners on conditions.

Hence, the following order is passed:

i) Petitioners shall be released on bail on their

executing bond for Rs.50,000/- each with two solvent

sureties each for the like sum to the satisfaction of the

Magistrate Court concerned.

ii) Petitioners shall report before the Investigating

Officer on every Monday, Wednesday and Saturday

between 10 A.M. and 1 P.M. until further orders.

iii) Petitioners shall not enter the limits of the Police

Station within which crime is registered except for

compliance of direction in clause (ii) above.

iv) Petitioners 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.

Petitions are allowed.

K.HEMA, JUDGE
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