IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 Bail Appl..No. 1899 of 2008(I) ------------------------------ CMP.964/2008 of J.M.F.C.,TIRUR CRIME NO.171/08 OF TIRUR POLICE STATION, MALAPPURAM .................... : PETITIONER/ACCUSED ----------------------------------- IQBAL, S/O.GAFOOR, AGED 37 YEARS, DOOR NO.18/1, METTU BAZAR, TAMIL NADU, NOW RESIDING AT CHULLIPPARAMBU, CHEMMARAVATTOM. BY ADV. SRI.JOHNSON MANAYANI SRI.BABY MATHEW RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, TIRUR POLICE STATION, MALAPPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1899 of 2008 ------------------------------------- Dated this the 27th day of March, 2008 ORDER Application for regular bail. Petitioner faces allegations in a crime registered under Section 376 I.P.C. He is alleged to have committed rape on his sister-in-law during May, 2007. The sister- in-law became pregnant. When the child was born, she allegedly caused the death of the child. Crime has been registered against the sister-in-law. The sister-in-law as accused in that crime revealed that the petitioner was responsible for the pregnancy and that the said sexual intercourse was an instance of rape. It is accordingly that the crime has been registered against the petitioner. Investigation is in progress. The petitioner was arrested on 14.02.08. He continues in custody from that date. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances of this case to which I have already made a brief reference, that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. B.A.No.1899 of 2008 2 3. In the result, this application is allowed. The petitioners shall be released on bail on the following terms and conditions. i) The petitioner shall execute 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 learned Magistrate; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-