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High Court of KeralaBail Appl./4461/2015allowed

Rajeena v. State Of Kerala

2015-07-30Honourable Mr. Justice K.Abraham Mathew3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937 Bail Appl..No. 4461 of 2015 () ------------------------------- CRIME NO. 616/2015 OF KILIMANOOR POLICE STATION , THIRUVANANTHAPURAM DISTRICT -------------- PETITIONER/1ST ACCUSED:

--------------------------------------------- RAJEENA,W/O.SHAN, RESIDING AT CHARUVILA VEEDU, KAYATTUKONAM, KILIMANOOR, THIRUVANANTHAPURAM.

BY ADV. SRI.S.M.ALTHAF RESPONDENT/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No. 4461 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2015

O R D E R

Petition filed under Section 439 Cr.P.C.

2.

Petitioner along with the co-accused is said to have committed the offence under Sections 366(A), 376 and 34 of the Indian Penal Code.

3.

The prosecution case is that she along with the co-accused kidnapped a girl aged 15 years and the second accused committed a rape on her.

4.

Heard.

5.

The petitioner has been in custody since 22.05.2015. The only allegation against her is that she helped the second accused to kidnap the girl. Taking into consideration the period of custody and the fact that all the co-accused have already been arrested I am inclined to grant the prayer of the petitioner for bail. In the result, this application is allowed.

1.

The petitioner will be released on bail on her executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to

B.A. No. 4461 of 2015 the satisfaction of the learned Magistrate concerned. 2.

She shall appear before the investigating officer between 11 a.m and 12 noon every Wednesday for four months, or till the final report is filed, whichever is earlier. 3.

She shall not threaten or attempt to influence the witnesses, nor shall she while on bail, get herself involved in any criminal case; nor shall she destroy or attempt to destroy the evidence or interfere with the investigation.

4.

She shall surrender her passport before the lower court concerned of if she does not have one, she shall file an affidavit to that effect within five days of her release.

5.

She shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.

If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.

K. ABRAHAM MATHEW JUDGE R.AV