IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 Bail Appl..No. 126 of 2008() ---------------------------- [CRIME NO.311/07 OF ALAKODE POLICE STATION] : PETITIONERS: ----------------------------- 1. SHIJU C.R., S/O. RAJU, AGED 22 YEARS, CHOORANOLIL HOUSE, ALAKODE AMSOM, ARANGAM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. RAJESH K.R., S/O. RAJU, AGED 24 YEARS, KUNNUMCHIRA HOUSE, MUTHUSSERY, ALAKODE AMSOM, ARANGAM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENTS: ------------- STATION HOUSE OFFICER, ALAKODE POLICE STATION, KANNUR DISTRICT (CRIME NO.311/2007 OF ALAKODE POLICE STATION, KANNUR DISTRICT) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.126 of 2008 ---------------------------------------- Dated this the 11th day of January 2008 O R D E R Application for anticipatory bail. Petitioners are accused 2 and 3. Altogether there are three accused persons. The first accused has already been arrested and enlarged on bail. Crime was initially registered for offence punishable inter alia under Section 354 I.P.C. The crux of the allegations is that the victim, who is the wife of a beggar who was present in a bus waiting shed along with the husband and daughter was caught hold of in the hand and was pushed to take her away from the bus shelter with the alleged purpose of subjecting her to sexual intercourse. She alleges that her husband intervened promptly and such intervention only saved her of being taken away to some other place for being subjected to rape. The crime was initially registered under Section 354 I.P.C; but later, after arrest and release of the first accused, allegation under Section 376 I.P.C has also been raised. 2. The learned counsel for the petitioners submits that the petitioners are innocent and that there is no justification whatsoever in raising the allegation under Section 376 read with 511 I.P.C. Even if the entire allegations were accepted, there B.A.No.126/08 2 are no elements of the offence of rape or any attempt thereof. In these circumstances, the petitioners may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor, after going through the entire case diary, submits that except that she was caught by the hand and was attempted to be pushed to take her to some other place, there is no allegation of any further steps towards the commission of the offence of rape. All other offences are bailable, submits the learned Public Prosecutor. 4. I am satisfied, in the facts and circumstances of this case that the petitioners can be granted anticipatory bail; but subject of course to appropriate and strict conditions. 5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 18/11/2008. They shall be released on regular bail on condition that they execute bonds for Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. B.A.No.126/08 3 ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 3 p.m on 21/01/2008 and 22/01/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioners shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months. Subsequently the petitioners shall so appear as and when directed by the investigating officer in writing to do so. (iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law, as if these directions were not issued at all. (iv) If they were arrested prior to 18/11/2008, they shall be released from custody on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 18/11/2008. (R.BASANT, JUDGE) jsr B.A.No.126/08 4 B.A.No.126/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007