High Court of Kerala granted bail to the 5th accused in a rape case involving a minor, imposing strict conditions including personal bond, appearance before I.O., passport production, and prohibition on leaving Kerala.
Bail granted subject to execution of a bond for Rs. 1,00,000 with two solvent sureties and compliance with specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
WEDNESDAY, THE 19TH DAY OF FEBRUARY 2014/30TH MAGHA, 1935
Bail Appl..No. 598 of 2014 ()
-----------------------------CMP 550/2014 of J.M.F.C.-I, HOSDURG CRIME NO.1512/2013 OF HOSDURG POLICE STATION, KASARGOD
PETITIONER/ACCUSED No.5 :-
MOHAMMED HANEEFA, AGED 35 YEARS S/O.K.M.MOIDU, RAHATH HOUSE, PALLIKKARA BAKEL P.O., KASARGOD.
BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRA KRISHNAN
RESPONDENT & STATE :-
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM (CRIME NO.1512/2013 OF HOSDURG POLICE STATION KASARAGOD DISTRICT)
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19-02-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
jvt
N.K.BALAKRISHNAN, J.
B.A. No.598 of 2014
Dated this the 19th day of February 2014
O R D E R
Petitioner is the 5th accused in Crime No.1512/2013 of Hosdurg Police Station, Kasargod District. The offences alleged against him and other accused are punishable under Secs.366A, 372, 373, 376(g) and 354 r/w 34 IPC.
B.A. No.598 of 2014
-: 2 :-
each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
B.A. No.598 of 2014
-: 3 :-
Sd/-
N.K.BALAKRISHNAN,
//True Copy//
P.A. To Judge
Jvt
3 issues framed by the court
Whether bail should be granted to the 5th accused charged with rape and attempted rape of a minor.
Whether the petitioner can be released on bail subject to strict conditions regarding interrogation and location.
Whether the petitioner, accused of offences punishable under Sections 366A, 372, 373, 376(g) IPC, satisfies bail criteria.
Mohammed Haneefa
State of Kerala
N.K.Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
