IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 Bail Appl..No. 3633 of 2010() ------------------------------------------ (CRIME NO.218/2010 OF KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT) ..... PETITIONER/ACCUSED: -------------------------------------- ANOOP, AGED 24 YEARS, S/O. GOPALAN, ANJILIVILA PUTHEN VEEDU, NEAR SIVA NURSING HOME, KARIMBUMTHADAM, VALAKKOD MURI, VALAKKOD VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 218/2010 OF KOODAL POLICE STATION, PATHANAMTHITTA) BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------ B.A. No. 3633 of 2010 ------------------------------------ Dated this the 2nd day of July, 2010 O R D E R This petition is for bail. 2. The alleged offence is under Section 376 of the Indian Penal Code. According to prosecution, de facto complainant's daughter, who is aged 15 years was missing since 23.5.2010. He gave a complaint on 24.5.2010 and crime was registered under the caption “woman missing”. On the same day, she came back. On questioning the girl, it was revealed that petitioner has committed rape on her. Hence, petitioner was arrested on 27.5.2010. 3. Learned counsel for petitioner submitted that petitioner is aged 23 years and he is in custody for the past 37 days. It is also submitted that petitioner is innocent of the allegations made. The alleged victim had not spoken anything to the police on the first day on which she was questioned. She was questioned after the girl came back home on 25.5.2010 and at that time, she did B.A. No. 3633 of 2010 2 not speak about the sexual act. It is only a subsequent development in the case and hence petitioner may be granted bail. 4. Learned Public Prosecutor submitted that it is true that the alleged victim did not speak anything about the sexual assault on 25.5.2010, when she was questioned by the police. The girl is aged only 15 years, but when the doctor examined her, there was evidence of sexual intercourse and hence, police questioned her again, referring to the medical evidence. Then she stated that petitioner had subjected her to sexual intercourse. The investigation is almost over. 5. On hearing both sides, on considering the various facts and stage of investigation, I find that bail can be granted on stringent conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: B.A. No. 3633 of 2010 3 i) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday, between 10 A.M. and 1 P.M. ii) Petitioner shall not enter the limits of the police station within which the crime is registered, except for compliance of condition no.1. iii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln