High Court Kerala High Court

Raheeb vs State Of Kerala on 4 November, 2008

Kerala High Court
Raheeb vs State Of Kerala on 4 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6523 of 2008()


1. RAHEEB, AGED 27 YEARS, S/O.MUHAMMED,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.P.S.SREEDHARAN PILLAI

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :04/11/2008

 O R D E R
                             K.HEMA, J.
                  ---------------------------------------------
                         B.A.No.6523 of 2008
                  ---------------------------------------------
                 Dated this the 4th November, 2008


                                O R D E R

This petition is for bail.

2. The alleged offences are under Sections 366A and 376

IPC. According to prosecution, petitioner who is a Madrassa

teacher, was found along with a 14 year old girl and people of

the locality apprehended him and handed over to the police on

23.8.2008. It was revealed that he had kidnapped the girl and

she was also raped by him earlier.

3. Learned counsel for petitioner submitted that

petitioner is in custody for the past 74 days. Originally, the

crime was registered only under Section 366A IPC and later

offence under Section 376 IPC was also added.

4. Learned public prosecutor submitted that he has no

objection in granting bail, but, stringent conditions may be

imposed. He may be directed to surrender his passport and he

may not be permitted to leave Kozhikode district.

Hence, bail is granted to the petitioner on the following

terms and conditions:

BA No.6523/2008 2

(i) Petitioner shall execute a bond for Rs.50,000/- with

two solvent sureties each for the like sum to the

satisfaction of the Magistrate Court concerned.

(ii) Petitioner shall report before the Circle Inspector of

Police, Cheruvannoor on every alternate day 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 alleged victim is residing.

(iv) Petitioner shall not leave Kozhikode district except

with previous permission of the learned Magistrate.

(v) Petitioner shall surrender his passport within seven

days of his release from custody and if he is not in

possession of the passport, he shall file an affidavit to

that effect within the same time.

(vi) Petitioner shall not influence or threaten any witness

or shall not 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
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