IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 Bail Appl..No. 3711 of 2010() --------------------------------------- CRMP.2205/2010 of J.M.F.C.,ALATHUR .......................................... CRIME NO.14/2010 OF PADAGIRI POLICE STATION, PALAKKAD ........................................ PETITIONER (S):/ACCUSED -------------------------------------- SUBAIR, S/O.A.K.HAMSA, AYIKKARAN HOUSE, PADINJARETHARA, WAYANAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): COMPLAINANT ---------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I.OF POLICE, PADAGIRI POLICE STATION. PUBLIC PROSECUTOR MR. V. TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------- B.A.No.3711 OF 2010 ----------------------------------- Dated this the 23rd day of July, 2010 O R D E R This petition is for bail. 2. The alleged offence is under section 376 IPC. According to prosecution, on 9.6.2009 and thereafter petitioner had sexual intercourse with defacto complainant, who is aged 23 years on promising to marry her. Defacto complainant became pregnant and on knowing this, petitioner left the place. He did not marry her. 3. Learned counsel for petitioner submitted that petitioner is in custody for the past 50 days, since 4.6.2010. Petitioner and defacto complainant were in love with each other and as per the allegations in the FI statement, it cannot be said that the act committed by petitioner is an offence u/s 376 IPC, it is submitted. 4. Learned public prosecutor submitted that the offending act was committed on the promise to marry. Both are adults. He has no objection in granting bail on stringent conditions. On haring both sides, I am satisfied that bail can be granted on B.A. No.3711/10 2 conditions. 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 amount to the satisfaction of the learned Magistrate, on following conditions: 1) Petitioner shall report before the investigating officer on every Monday, Wednesday and Saturday between 10 AM and 1 PM. 2) Petitioner shall not enter the limits of police station within which crime is registered, except for compliance of condition no.1. 3) Petitioner shall not influence or intimidate the witnesses or tamper with evidence. 4) Petitioner shall surrender his passport before the Magistrate court concerned, within seven days and if he is not in possession of passport, he shall file an affidavit to that effect within such period. This petition is allowed. K. HEMA, JUDGE. Sou.