IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Bail Appl..No. 2765 of 2010() --------------------------------------- CMP.1636/2010 of J.M.F.C.-I,KOYILANDY CRIME NO.330/2010 OF KOYILANDY POLICE STATION .................... PETITIONER/ACCUSED ----------------------- VIPINDAS, S/O. CHANDRAN, AGED 22 YEARS, KOLOTH HOUSE, UILIYERI AMSAM, KOYAKKAD, KOZHIKODE DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): ------------------------ STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KEALA, ERNAKULAM (CRIME NO.330/2010 OF KOYILANDY POLICE STATION) PUBLIC PROSECUTOR MR.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 2765 of 2010 ------------------------------------ Dated this the 26th day of May, 2010 O R D E R This petition is for bail. 2. The alleged offences are under Section 376 of the Indian Penal Code and Section 3(1)(xii) of SC/ST (P.A.) Act. According to prosecution, petitioner committed rape on the de facto complainant, who is aged 17 years, who belongs to Scheduled Tribe on 1.04.2010 at about 11.30 A.M. 3. Learned counsel for petitioner submitted that petitioner and de facto complainant were in love with each other and de facto complainant believed that petitioner is resiling from the proposed marriage. Hence, the complaint is given. The age of de facto complainant is disputed. 4. Petitioner is in custody from 30.04.2010 onwards for the past more than 27 days. 5. This petition is not opposed. Learned Prosecutor submitted that he has no objection in granting bail but stringent condition may be imposed. B.A. No. 2765 of 2010 2 6. On hearing both sides, I am satisfied that bail can be granted on 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: i) Petitioner shall appear before the Investigating Officer on every Monday and Thursday, between 10 A.M. and 1 P.M., until further orders. ii) Petitioner shall not enter the limits of the police station within the de facto complainant is permanently residing, except with prior permission of the learned Magistrate and for compliance of condition No.1. Iii) Petitioner shall not influence or intimidate any witnesses or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln