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ISMAIL A S/O. V.ASSANARU PILLA, AGED 33 versus STATE OF KERALA

High Court of Kerala

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ISMAIL A S/O. V.ASSANARU PILLA, AGED 33 v. STATE OF KERALA - Bail Appl No. 5382 of 2007 [2007] RD-KL 16900 (7 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5382 of 2007()

1. ISMAIL A S/O. V.ASSANARU PILLA, AGED 33
... Petitioner

Vs

1. STATE OF KERALA
... Respondent

2. THE CIRCLE INSPECTOR OF POLICE,

For Petitioner :SRI.VINOD SINGH CHERIYAN

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :07/09/2007

O R D E R

R.BASANT, J.

B.A.No.5382 of 2007

Dated this the 7th day of September 2007

O R D E R

Application for regular bail. The petitioner faces allegations under Section 376 I.P.C. He is the sixth accused in the crime. The crux of the allegations is that the victim was offered for sexual intercourse by others by the first accused, a relative of the victim, who had taken her from the aftercare home where she was lodged. The crux of the allegations against the petitioner is that he had sexual intercourse with the victim whose consent for such sexual intercourse was obtained at the instance of the first accused. I have already considered the application for regular bail of a co-accused (fifth accused) and granted him bail as per order dated 23/8/2007 in B.A.No.5122/2007. I am not in these circumstances adverting to facts in detail.

2. The learned counsel for the petitioner submits, the learned Public Prosecutor agrees and I am satisfied that the petitioner whose role is also identical and similar to the role of B.A.No.5382/07 2 the said 5th accused can also be granted regular bail subject to appropriate conditions. The petitioner has been remaining in custody from 5/8/2007.

3. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions:

i) He shall execute a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays for a period of one month and thereafter as and when directed by the investigating officer in writing to do so. Hand over copy of this order to the learned counsel for the petitioner.

(R.BASANT, JUDGE)

jsr B.A.No.5382/07 3 B.A.No.5382/07 4

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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