IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Bail Appl..No. 3937 of 2010() ----------------------------- CRIME NO.225/10 OF MUKKOM POLICE STATION, KOZHIKODE. .................... (S): PETITIONER/ACCUSED -------------------------------------- ABDUL SALEEM P., AGED 34, KARUTHAPARAMBU, MUKKOM P.O., KOZHIKODE DISTRICT. BY ADV. SRI.P.A.MOHAMMED SHAH RESPONDENT(S): COMPLAINANT -------------------------- 1. THE SUB INSPECTOR OF POLICE, MUKKOM POLICE STATION, MUKKOM, KOZHIKODE DISTRICT. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3937 of 2010 ---------------------------------------------- Dated 7th July, 2010. O R D E R This petition is for bail. 2. The alleged offence is under Section 376 of the Indian Penal Code. According to prosecution, petitioner and defacto complainant were acquainted with each other and on the promise to marry, she was raped by petitioner on several times. 3. Learned counsel for petitioner submitted that this complaint is filed for blackmailing petitioner. He has not committed any offence as alleged. Even according to first information statement, defacto complainant had sexual intercourse with petitioner with consent, and only because her parents came to know about it and they allegedly saw petitioner, when she opened the door that a complaint was filed. According to her, she came to know from the people of the locality that petitioner is married and having children. No rape is involved, since according to the admissions made by defacto complainant, there was sex with consent, it is submitted. BA NO.3937/10 2 4. This petition is not opposed. Learned Public Prosecutor submitted that stringent conditions may be imposed, while granting bail. 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.50,000/- (Rupees fifty 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 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 crime is registered, except for compliance of condition no.1. (iii) Petitioner shall not influence or intimidate any witness or tamper with evidence. Petition is allowed. K.HEMA, JUDGE. tgs