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Kerala High Court
Richard Ebanezar vs State Of Kerala on 1 July, 2010
       

  

  

 
 
  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

conditions:

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

ln


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