IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 Bail Appl..No. 4063 of 2010() ----------------------------- CRIME NO.174/2010 OF KANJIRAMKULAM POLICE STATION, THIRUVANANTHAPRUAM (S): PETITIONER ------------------------------ SUJILAL @ KANNAN AGED 24 YEARS, S/O.KARUNAKARAN RELLA BHAVAN,NELLIVILA P.O., VENGANOOR, THIRUVANANTHAPRUAM DISTRICT. BY ADV. SRI.C.RAJENDRAN SRI.D.SAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLCIE, KANJIRAMKULAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4063 of 2010 ---------------------------------------------- Dated 6th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 376 and 420 of the Indian Penal Code. According to prosecution, a crime was registered based on the statement given by defacto complainant on the allegation that she was abducted by petitioner and taken away to a studio and her photographs were taken. Thereafter, she was taken to a lodge and then to the house of petitioner. They lived there and in the meantime, she was raped by petitioner. 3. Learned counsel for petitioner submitted that petitioner and defacto complainant were in love with each other. At the instance of defacto complainant, she was taken by petitioner to his house. They decided to marry and notice was given for registration of marriage. They lived together as husband and wife for the past 52 days. In the meanwhile, defacto complainant's relatives took her from the house of petitioner and now she is in their illegal custody. Petitioner intends to move the BA NO. 4063/10 2 court for habeas corpus writ. It is also submitted that he is in custody for the past 33 days. 4. Learned Public Prosecutor submitted that though the original allegation made against petitioner is that he, along with four others had abducted the defacto complainant, now, there is a deviation in the statement given by her. It appears that parties were in love with each other and it was at the instance of defacto complainant, petitioner had gone to her, on getting phone call from her. He has no objection in granting bail. 5. 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 a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the Investigating Officer as and when directed. (ii) Petitioner shall not enter the limits of the BA NO. 4063/10 3 police station, within which the alleged victim is residing, except with the prior permission of the learned Magistrate. (iii) Petitioner shall not influence or intimidate any witness or tamper with evidence. Petition is allowed. K.HEMA, JUDGE. tgs