IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No. 3625 of 2010() 1. RICHARD EBANEZAR, S/O.JOYAL JURAI, ... Petitioner Vs 1. STATE OF KERALA, ... Respondent For Petitioner :SRI.BIJU .C. ABRAHAM For Respondent :PUBLIC PROSECUTOR The Hon'ble MRS. Justice K.HEMA Dated :01/07/2010 O R D E R K.HEMA, J. ------------------ B.A. No. 3625 of 2010 ------------------------------------ Dated this the 1st day of July, 2010 O R D E R
Petition for bail.
2. The alleged offences are under Sections 506(1) and
376 of the Indian Penal Code. According to prosecution, on
09.04.2010 at about 11 P.M., petitioner committed rape on the
daughter of the de facto complainant. The rape was committed
again twice on 28.04.2010. She was also criminally intimidated.
The victim is aged 14 years.
3. Learned counsel for petitioner submitted that the
allegations made by the alleged victim is highly improbable.
The victim is inmate of the Orphanage, run by petitioner’s
father. Petitioner had undergone a major surgery and removed
his gall bladder and he is in custody for the past 52 days.
4. This petition is not opposed. Learned Public Prosecutor
submitted that there is nothing in the case diary to show that
this is a false case. The victim is aged only 14 years. The
incident did not occur in Orphanage, but it was from a hostel
which is run by petitioner’s father. Petitioner was a theological
B.A. No. 3625 / 2010 2
student and he is married also. However, taking into consideration
and stage of investigation, he has no objection in granting bail but
stringent conditions may be imposed, it is submitted.
4. On hearing both sides, I am satisfied that bail can be
granted on conditions. Hence the following order is passed:
Petitioner shall be released on bail on his
executing a bond for Rs.50,000/- with two solvent
sureties each for the like sum to the satisfaction of
the Magistrate Court concerned on the following
i) Petitioner shall report before the Investigating
Officer on every Monday, Wednesday and
Saturday, between 10 A.M. and 1 P.M.
ii) Petitioner shall not leave the limits of the
police station within which the crime is
registered, except with prior permission of
the learned Magistrate.
iii) Petitioner shall not influence or intimidate
any witness or tamper with the evidence.
This petition is allowed.
K. HEMA, JUDGE