IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2769 of 2008() ----------------------------- CRIME NO. 175/08 OF KOTTAKKAL POLICE STATION .................... PETITIONERS/A1 TO 3 ---------------------------- 1. MOYAN MUJEEB, S/O.ALI, MOYAN HOUSE, VANNIYOOR P.O., VAZHAKULAM, P.K.PADI, MALAPPURAM DISTRICT. 2. SHARAFUDHEEN, S/O.ALI, MOYAN HOUSE, VENNIYOOR P.O., VAZHAKULAM, P.K.PADI, MALAPPURAM DISTRICT. 3. SHAMEER, S/O.HAMSAKUTTY, PUZHITHARA HOUSE, NARIPARAMBU, MOOCHIKKAL, EDARIKKODE, MALAPPURAM DISTRICT, KOTTAKKAL POLICE STATION. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS: ------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTTAKKAL THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2769 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of May, 2008 O R D E R Application for anticipatory bail. The petitioners face allegations in a crime register under Sections 376 and 315 r/w. 34 I.P.C. Altogether there are three accused persons. The first accused had allegedly committed rape on the victim, a woman aged about 40 years with two grown up children, aged 14 years and 15 years. In such illicit relationship between the first accused and the alleged victim, she conceived. Though there was a promise to marry, that did not fructify. She was allegedly taken to a doctor to get the pregnancy aborted. In these circumstances that the allegations are raised. 2. The learned counsel for the petitioners submits that a reading of the F.I.R. will reveal the intention of the defacto complainant. She is trying to extract money from the petitioner and there is no worthwhile allegation to attract the offence punishable under Sections 376 and 315 I.P.C. The petitioners B.A.No. 2769 of 2008 2 may in these circumstances be granted anticipatory bail, it is prayed. 3. The learned Prosecutor does not oppose the application, but submits that appropriate conditions may be imposed to ensure a fair, efficient and expeditious investigation. 4. I am satisfied that appropriate directions, subject to appropriate conditions, can be issued under Section 438 Cr.P.C. in favour of the petitioners. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. 5. 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 9.5.2008 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 B.A.No. 2769 of 2008 3 p.m. On 10.5.2008 and 11.5.2008. 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 potency test in so far as the first accused is concerned. Thereafter they shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. (d) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 9.5.08 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (e) If the petitioners were arrested prior to their surrender on 9.5.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 9.5.2008. (R. BASANT) Judge tm