IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5042 of 2006()
1. SHEREEF, S/O.VEERANKUTTY,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
Dated :17/08/2006
O R D E R
J.M.JAMES, J.
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B.A. 5042/2006
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DATED THIS THE 17TH DAY OF AUGUST, 2006
O R D E R
The petitioner is accused in crime No.420/2004
of Ottappalam Police Station, for the offence punishable
under Sections 376 and 506(i) IPC. It is alleged that the
petitioner committed rape on the victim and she became
pregnant. She did not give any complaint to the police,
because of the threat exerted on her, by the petitioner. It
is submitted by the prosecution that the petitioner left to
Gulf and he was employed there. Meanwhile, as the victim
was pregnant, she gave birth to a child. Thereafter, she
made a complaint and the police registered the case.
2. In the facts situation of the case, I direct the
petitioner to surrender before the Investigating Officer,
who is investigating crime No. 420/2004 of Ottappalam
Police Station, on 23.8.2006 between 10.30 a.m and 11.00
a.m. The Investigating Officer shall interrogate the
petitioner and produce him before the Judicial Magistrate
B.A.5042/2006
2
of First Class, Ottappalam, as per the law. Unless there
is an application for custodial interrogation filed for the
completion of the investigation, the learned Magistrate
shall allow the petitioner to be on bail, imposing such
conditions, as are deemed necessary, including the
reporting of the petitioner before the Investigating
Officer, and that he shall not leave the State of Kerala,
till the completion of the trial and disposal of the case.
The application is disposed of as above.
J.M.JAMES
JUDGE
mrcs