IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Bail Appl..No. 7564 of 2008(A) ------------------------------------------ (CRIME NO. 428/2008 OF KATTAKKADA POLICE STATION) ............. PETITIONERS/ ACCUSED 1 AND 2: ------------------------------------------------- 1. SUJI KUMAR, AGED 28 YEARS, S/O. SIVANANDAN, “SUJI BHAVAN”, KAVANATTUKONAM, KOLLODE P.O., KULATHUMMAL VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. 2. SUDHA, D/O. HYMAVATHY, RES. AT DO...DO.. BY ADV. SRI.G.P.SHINOD. RESPONDENT/ COMPLAINANT STATE AND INVESTIGATING OFFICER: ---------------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, AT ERNAKULAM. 2. SUB-INSPECTOR OF POLICE, KATTAKKADA POLICE STATION, KATTAKKADA, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7564 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 12th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 366 and 376 read with section 34 IPC. According to prosecution, in furtherance of common intention the alleged victim was abducted and 1st accused committed rape on her on 14-11-2008. 3. Learned counsel for petitioners submitted that 1st petitioner (A1) and alleged victim were in love with each other and also got married and they were living together as husband and wife. A marriage agreement was also executed, as per Annexure-B. While so, de facto complainant's father made a complaint before the police station stating that his daughter was missing and that she will be available with the 1st accused. The 1st accused was, therefore, called to the police station. He went to the police station along with the alleged victim who is his wife. 4. As directed by the police, 1st accused and his wife appeared before the Magistrate Court concerned and the BA 7564/08 -2- alleged victim was sent along with her parents. A direction was also issued to her to appear before the Magistrate Court on 17- 11-2008. When she appeared thereon that day, she was directed to go to the police and hence, she lodged a complaint alleging the present allegations. 5. Learned counsel for petitioners also submitted that petitioners are absolutely innocent of the allegations made and no offence of rape is committed as alleged and the alleged victim was living with petitioner as his wife. It is also submitted that 1st petitioner's mother is also unnecessarily dragged into the crime and hence, anticipatory bail may be granted to petitioners. 6. Learned Public Prosecutor submitted that the alleged victim's father approached the police on the allegation that his daughter was missing and he also informed the police that she would be available with the 1st accused. The complaint itself was made by victim's father alleging that the alleged victim and 1st accused in love with each other and they have married, but it was not with the consent of the parents. Therefore, the victim and 1st accused were directed to come to the police station. When they appeared, the father insisted that daughter should go BA 7564/08 -3- with him, but the girl was not prepared to go with the father and hence, a dispute arose and both 1st accused and girl were produced before the Magistrate Court. The learned Magistrate after ascertaining the details, directed the girl to go with the father. Thereafter, she was directed to come before the Magistrate Court on 17-11-2008. When she appeared, she took a different stand whereupon the learned Magistrate directed her to go to the police station and make a complaint. Thereafter, the crime was registered. 7. On hearing both sides and on perusing the documents produced, I am satisfied that it is a fit case to grant anticipatory bail. Hence the following order is passed:- (1) Petitioners shall surrender before the Magistrate Court concerned within seven days from today and they shall be released on bail, on their executing a bond for Rs. 25,000/- each with two solvent sureties each, for the like amount, to the satisfaction of the learned Magistrate, on the following conditions:- i) Petitioners shall make themselves available for interrogation by the BA 7564/08 -4- Investigating Officer as and when directed and co-operate with the investigation. ii) Petitioners shall not commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.