Kerala High Court
Bail Appl./7990/2008 of ASMABI & ANOTHER Vs STATE OF KERALA on 30 December 2008
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 Bail Appl..No. 7990 of 2008() ----------------------------- CMP.3194/2008 of J.M.F.C.-II,THAMARASSERY CRIME NO.452/2008 OF MUKKOM POLICE STATION ....................
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.K.MOHANAN
TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930
Bail Appl..No. 7990 of 2008()
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CMP.3194/2008 of J.M.F.C.-II,THAMARASSERY
CRIME NO.452/2008 OF MUKKOM POLICE STATION
....................
PETITIOENRS :
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1. ASMABI, E/O. BEERANKOYA,
W/O. SHAMSUDHEEN, PALANGODAN HOUSE,
KUMARANALLUR AMSOM.
2. SHAMSUDHEEN @ KUMMINI,
SHAMSUDHEEN, S/O. ABDU,
POOLAKKATHODI HOUSE, KODIYATHUR AMSOM.
BY ADV. SMT.T.V.NEEMA
RESPONDENT(S):
---------------
STATE OF KERALA, REP. BY
THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,REP. BY S.I. OF POLICE, MUKKOM POLICE STATION, KOZHIKODE DIST.
BY P.P. SRI C.M.KAMMAPPU.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 30/12/2008, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
V.K.MOHANAN, J.
---------------------------------------------- B.A.No. 7990 of 2008.
---------------------------------------------- Dated, 30[th] December, 2008.
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ORDER
Accused Nos. 1 and 2 in crime No.452/2008 of Mukkom policestation are the petitioners herein.
2. The prosecution case is that the 2[nd] petitioner raped the de facto complainant on several time and took her to different placesalong with the first accused and thereby made facilities and helpedAccused Nos.3 to 9 to commit rape on the de facto complainant. Thelearned counsel for the petitioners submits that the case is a falseone and the same is fabricated at the instance of first husband of thethe Ist accused -first petitioner. The de facto complainant is thedaughter of the first petitioner and her former husband. It is also thecase of the petitioners that the first petitioner now married thesecond petitioner and they are living happily with her child. It is alsotheir case that they are looking after the de facto complainant. Butthe former husband of the first petitioner(A1) is inimical towards thepetitioners and at his instance the case is foisted. It is stated that theother accused were already granted bail. According to thepetitioners, they were arrested on 8.10.2008 and more than 84 daysare over and therefore, prays that bail may be granted to them.
3. I have heard the learned Public Prosecutor.
4. The learned Public Prosecutor stoutly opposed the applicationand submitted that there is no possibility to conclude the investigationwithin the statutory period.
5. Considering the entire facts and circumstances involved in thecase and also the fact that the other accused were already released onbail, and the petitioners are still continuing in custody, right from8.10.2008, bail can be granted to them by imposing stringent conditions.
In the result, bail is granted to the petitioners on the followingconditions:
The petitioners are directed to be released on bail on each of themexecuting a bond for Rs.50,000 /- (Rupees fifty thousand only) with twosolvent sureties each for the like amount to the satisfaction of the J.F.C.M-II, Thamarassery and subject to the following conditions:
1. The petitioners shall report before the InvestigatingOfficer between 9 a.m. and 11 a.m. on allWednesdays.Officer between 9 a.m. and 11 a.m. on allWednesdays.
2. The petitioners shall make themselves available forinterrogation as and when required by the police tillthe filing of the final report.interrogation as and when required by the police tillthe filing of the final report.
3. The petitioners shall not influence or intimidate the prosecution witnesses nor shall they attempt totamper with the evidence for the prosecution.
4. The petitioners shall not commit any offence whileon bail.
5. The petitioners shall not leave the territorial jurisdiction of Mukkom Police Station.
If the petitioners commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled.
This application is allowed as above.
V.K.MOHANAN, JUDGE.
kvm/-
B.A.7990/08-:4:-
V.K.MOHANAN, JUDGE
kvm/-
V.K.MOHANAN, J.
-:5:-
No....
Judgment/Order
Dated: