IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1834 of 2008() ----------------------------- CRIME NO. 52/08 OF VITHURA POLICE STATION AGAINST THE ORDER DATED 14/03/2008 IN CMP.1462/08,CMP.1508/08 IN CMP.1461/2008 of J.M.F.C.-II,NEDUMANGAD .................... PETITIONER/A1 --------------------------- SHAFEER,S/O,SALIM NAHAS MANZIL, MARUTHUMMOODU CHITTUVEETTU MURI, THOLICODE VILLAGE FROM SHAFEER MANZIL, NIRAPPIL, MEMALA, KOTTAKKAKOM MURI, VITHURA VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENTS: ------------- 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 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1834 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of March, 2008 O R D E R Application for regular bail. The petitioner is the first accused. Altogether there are four accused persons. The defacto complainant/victim is a minor girl allegedly below the age of consent. She is a student of plus one course. She was allegedly in love with the petitioner, who is aged about 24 years. The parents have come to know of the affair and they had dissuaded the defacto complainant from continuing the affair. She was forbidden from going to the school. But as she has to write her examination, she was permitted to go to the school. On the last day of the examination, from the school the defacto complainant/ victim allegedly was taken by the petitioner and his friends in a Qualis car. She was taken to the house of another friend. There the petitioner is alleged to have committed rape on the victim, though it was not a completed act of sexual intercourse. The B.A.No. 1834 of 2008 2 alleged incident took place on 7.3.2008. On the same night the parents of the girl reached the scene of the crime. The petitioner was arrested on 8.3.2008 and he continues in custody from that date. Investigation is in progress. Final report has not been filed yet. 2. The learned counsel for the petitioner submits that the petitioner is innocent. He and the girl were in love. She had consented to the physical relationship also. In these circumstances, at any rate, the petitioner, who has remained in custody from 8.3.2008, may now be enlarged on bail, prays the learned counsel. 3. The learned Prosecutor opposes the application. He submits that the sexual intercourse with the minor girl aged below 16 years does amount to the offence of rape, notwithstanding the alleged consent of the minor girl. Investigation is not complete. The investigators may be given reasonable further time to complete the investigation. The petitioner may not be enlarged on bail at this early stage. 4. Having considered all the relevant circumstances I am persuaded to agree that the petitioner can be enlarged on bail after B.A.No. 1834 of 2008 3 giving to the Investigating Officer reasonable further time to complete the investigation. 5. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall not be released from custody on the strength of this order prior to 7.4.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (b) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (c) He shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 for a period of two months from the date of his release and thereafter as and when directed by the Investigating Officer in writing to do so. B.A.No. 1834 of 2008 4 (d) During the said period of two months, except for the purpose of complying with condition © above, the petitioner shall not enter the jurisdiction of Vithura police station, without the prior permission of the learned Magistrate. (R. BASANT) Judge tm