IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Bail Appl..No. 1227 of 2008() ----------------------------- CRIME NO.66 OF 2008 OF MUKKOM POLICE STATION .................... : PETITIONER/ACCUSED NO.1: ----------------------------------------- AFSAL, AGED 19 YEARS, S/O. MUHAMMED, THENANGAPARAMBA HOUSE, KOLENCHERRY AMSOM, DESOM, KOZHIKODE TALUK. BY ADV. SRI.S.RAJEEV RESPONDENTS: STATE: ------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.66 OF 2008 OF MUKKOM POLICE STATION). BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1227 of 2008 ------------------------------------- Dated this the 29th day of February, 2008 ORDER Application for regular bail. Petitioner is a person aged about 19 years. He, it is alleged, had sexual intercourse with the defacto complainant, a girl allegedly below the age of consent and a student of nineth standard at the relevant time. The alleged incident took place long earlier. The girl was aged about 14 years at that time. She was the friend of the niece of the petitioner. At the house of the friend of the victim, the petitioner and the victim got acquainted. They had sexual intercourse there and later on some other occasions. The friend got married. The petitioner shifted his house. The request to marry the victim did not yield any result. The victim became frustrated. She allegedly had sexual intercourse with others. She left her house initially on 28.02.08. She was brought back to the house. But later she went out of the house and was missing. It was then, the crime was registered on 04.02.08 under the caption that the girl/victim was missing. When she was traced by the police, she gave a statement in which she narrated the alleged incident that the petitioner had intercourse with her. B.A.No.1227 of 2008 2 2. The learned counsel for the petitioner submits that the petitioner is innocent. Even accepting the entire allegations, it may be seen that the petitioner and the victim are young persons, aged about 19 and 14 years. The petitioner has remained in custody from 07.02.08. In these circumstances, the petitioner may be granted regular bail, it is prayed. 3. The learned Public Prosecutor opposes the application. But in the facts and circumstances of the case to which my attention has been drawn in detail, I am satisfied that the petitioner can be granted regular bail notwithstanding the opposition by the learned Public Prosecutor. In coming to this conclusion I do note that the young age and the small age difference between the victim minor girl and the petitioner. I do also take note of the fact that the petitioner has remained in custody from 07.02.08. 4. In the result, this application is allowed. The petitioner 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; B.A.No.1227 of 2008 3 ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays 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/-