IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 Bail Appl..No. 3834 of 2010() ------------------------------------------ CMP.2449/2010 of ADDL.C.J.M.(E&O),ERNAKULAM CRIME NO.938/2010 OF TOWN SOUTH POLICE STATION. .................... PETITIONER/ ACCUSED ------------------------------ JIBIN GEORGE, AGED 28 YEARS, S/O.T.P.GEORGE, THOUNDIYIL HOUSE,PANAMPILLAY NAGAR, ERNAKULAM BY ADV. SRI.JOY GEORGE SMT.PRAICY JOSEPH RESPONDENT(S): COMPLAINANT ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3834 of 2010 ------------------------------------ Dated this the 2nd day of July, 2010 O R D E R Petition for bail. 2. The alleged offences are under Sections 376, 417 and 328 of the Indian Penal Code and read with Section 66 of the Information Technology Act. According to prosecution, petitioner on the promise to marry the de facto complainant, committed rape on her on several occasions and took her nude photographs, and thereafter, he withdrew from the promise to marry her. 3. Learned counsel for petitioner submitted that de facto complainant is aged 24 years. On a reading of the F.I. Statement its shows that, de facto complainant was a willing partner to the sexual acts. Though the incident allegedly took place from 14.02.2009 onwards, the complaint is filed much after about one year. Petitioner was in police custody for six days. The investigation is almost over. Petitioner has not taken any photographs without the consent of the de facto complainant and this fact will be seen from the photograph itself. B.A. No. 3834 of 2010 2 4. Learned Public Prosecutor submitted that investigation is almost over. The de facto complainant is a major and sexual acts were committed about 1½ years back, with the consent of the woman, under promise to marry. 5. On hearing both sides and on going through the case diary, I am satisfied that bail can be granted on conditions, especially since the investigation is almost over. The hard disk of the computer is already seized and it is sent for experts' opinion. 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 report before the Investigating Officer on every Monday and Thursday, between 10 A.M. and 1 P.M. iii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln