IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH JUNE 2007 / 8TH ASHADHA 1929 Bail Appl..No. 3910 of 2007() ----------------------------- CRMP.699/2007 of DISTRICT COURT, KALPETTA CRIME NO.250/07 OF SULTHAN BATHERY POLICE STATION .................... PETITIONER --------------------------- JAYAPRAKASH V.K., AGED 33 YEARS, S/O KUNJIRAMAN CHETTY, VENGOOR HOUSE, KUPPADI P.O., SULTHANBATHERY, WAYANAD DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR SRI.P.C.GOPINATH RESPONDENTS: COMPLAINANT ------------------------ STATE , STATION HOUSE OFFICER, SULTHANBATHERY POLICE STATION, WAYANAD DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/06/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A.NO. 3910 OF 2007 ------------------------------------------------- Dated this the 29th day of June, 2007 ORDER Application for anticipatory bail. The petitioner faces allegations under Sec.376 of the IPC. He had allegedly committed rape on the victim on 18/7/06. The marriage of the accused took place on 15/3/07. The victim of the rape had allegedly attended the marriage of the petitioner on 15/3/07. She gave birth to a child on 27/4/07. Still later, the complaint is filed only on 25/5/07. 2. The learned counsel for the petitioner submits that the sequence of events must eloquently convey that the alleged rape is only a figment on imagination and not truth. Even assuming that possibility of truth and the version cannot be ruled out, the petitioner does not, at any rate, deserve to suffer the trauma of arrest and incarceration on such B.A.NO. 3910 OF 2007 -: 2 :- allegations, submits the learned counsel for the petitioner. 3. I find merit in the submission of the learned counsel for the petitioner. The learned Public Prosecutor also submits that the State has no objection in anticipatory bail being granted to the petitioner, subject, of course, to appropriate and strict conditions which will advance the interests of a fair, efficient and expeditious investigation. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 7/7/07. He shall be released on regular bail on his executing a bond for Rs.50,000/- 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 4 p.m. on 9/7/07 and 10/7/07. During this period it shall be open to the police to get the potency test of the petitioner conducted. The petitioner shall thereafter appear before the Investigating Officer on all Mondays between 10 a.m. and 12 noon for a period of two months and hereafter, he shall so make himself available for interrogation before the Investigating B.A.NO. 3910 OF 2007 -: 3 :- Officer as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law as if those directions were not issued at all; (iv) If the petitioner were arrested prior to his surrender on 7/7/07 as directed in clause (i) above, he shall be released on his executing a bond for Rs.25,000/- without any sureties undertaking to appear before the learned Magistrate on 7/7/07. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge