IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 Bail Appl..No. 7490 of 2008() ----------------------------- (CRIME NO.355/2008 OF PAZHAYANGADI POLICE STATION) PETITIONER/ACCUSED: ---------------------------- RAJESHKUMAR.V.V, S/O.CHEMBILADAN KRISHNAN, AGED 32 YEARS, RESIDING AT CHERUTHAZHAM, P.O.MANDOOR, KANNUR DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): COMPLAINANT/STATE: --------------------------------- STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, PAZHAYANGADI POLICE STATION, KANNUR DISTRICT THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No.7490 of 2008 --------------------------------------------------- Dated this the 11th day of December, 2008. ORDER Petition for bail. 2. The alleged offence is under Section 376 of IPC. According to prosecution, petitioner and de facto complainant are neighbours. On the crucial day, petitioner went to the house of de facto complainant and told her that there was a telephone call for her. Accordingly, she went to petitioner's house, from where she was subjected to rape against her will and consent. Later, he promised to marry her and on such promise, she was raped on subsequent days also. 4. Learned counsel for petitioner submitted that petitioner is in custody from 23.10.2008 onwards. The alleged victim is a major and even, as per the allegations, the alleged act was committed on promise to marry and therefore there is no absence of consent, it is submitted. 5. Learned Public Prosecutor submitted that he has no objection in granting bail to petitioner on conditions. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed: Petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each 2 for the like sum to the satisfaction of the Magistrate court concerned on the following conditions: i) Petitioner shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. ii) Petitioner shall not enter the limits of the Police Station within which crime is registered except for compliance of direction in clause (i). iii) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail and in case of breach of this condition bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs.