IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Bail Appl..No. 750 of 2008() ---------------------------- CRIME NO. 230/07 OF FEROKE POLICE STATION PETITIONER/ACCUSED ----------------------------------- SASI KANT MALI S., S/O.SIVAJI MALI SIVA PARVATHI NIVAS, NEAR THUNJAN PARAMBU POONGOTTUKULAM, POST TIRUR, MALAPPURAM DISTRICT. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/02/2008, A/W. BA 754 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 750 & 754 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of February, 2008 O R D E R These applications are for anticipatory bail by accused 10 and 11 in a crime registered alleging offences punishable, inter alia, under Section 376 I.P.C. I have considered the application for anticipatory bail of the second accused and as per order dt.23.10.2007 in B.A. 6435 of 2007, he was granted anticipatory bail, subject to conditions. The first accused is none other than the husband of the defacto complainant. The second accused is the employer of her husband. The defacto complainant was allegedly forced to lead a life of prostitute during 2001 to 2006. The petitioners are persons who allegedly had committed rape on her. The misdeeds continued from 2001 to 2006. The complaint was lodged ultimately in 2007. 2. The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that anticipatory bail can be granted to the petitioners B.A.Nos. 750 & 754 of 2008 2 herein imposing identical terms as were imposed on the co-accused under the order referred above. In the absence of opposition it is not necessary for me to advert to facts in any greater detail. 3. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 15.2.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 16.2.08 and 18.2.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation, including the B.A.Nos. 750 & 754 of 2008 3 potency test. Thereafter they shall appear before the Investigating Officer between as and when directed by the Investigating Officer in writing to do so. (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 15.2.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (d) If the petitioners were arrested prior to their surrender on 15.2.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 15.2.2008. (R. BASANT) Judge tm