IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Bail Appl..No. 2172 of 2008() ----------------------------- CRIME NO. 130/08 OF KALADY POLICE STATION .................... PETITIONER : ACCUSED ------------------------ BABU, AGED 29 YEARS, S/O.VELYUDHAN MANATHURUTHY HOUSE, EHATTUMUGHAM, KARUKUTTY P.O. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.PRIYA DEVI.P SMT.LEKSHMI SWAMINATHAN SMT.BEATRICE FERIA RESPONDENTS: RESPONDENTS ------------------------ 1. SUB INSPECTOR OF POLICE, KALADY. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2172 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2008 O R D E R Application for anticipatory bail. The petitioner, who is said to be aged 29 years, faces allegation in a crime registered for offences punishable, inter alia, under Section 376 I.P.C. Crime has been registered on the basis of a private complaint filed by the victim/defacto complainant, a woman aged about 30 years, which was referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The crux of the allegations is that the petitioner and the defacto complainant were in love from 2002. The petitioner had promised the defacto complainant to marry her. Believing the said representation, the parties had sexual intercourses on many occasions. She became pregnant on a couple of occasions. Such pregnancy was allegedly aborted. It is the case of the defacto complainant that the petitioner later did not abide by his promise B.A.No. 2172 of 2008 2 to marry her. It is her contention that the sexual intercourses earlier do amount to rape now in as much as her consent was not given voluntarily. 3. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances, to which I have already made brief reference that anticipatory bail can be granted to the petitioner, subject to appropriate terms and conditions. In the absence of opposition it is not necessary for me to embark on any detailed discussion about the facts. 4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. The petitioner shall surrender before the learned Magistrate on 16.4.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.25,000/- B.A.No. 2172 of 2008 3 (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 17.4.2008 and 18.4.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation, including the conduct of potency test. Thereafter he shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 16.4.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 16.4.2008 as directed in clause (1) above, he shall be released on B.A.No. 2172 of 2008 4 bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 16.4.2008. (R. BASANT) Judge tm