IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Bail Appl..No. 6350 of 2008() ----------------------------- CRMP.3079/2008 IN CRIME NO.260/2008 OF HEMAMBIKA NAGAR POLICE STATION .................... PETITIONER: ACCUSED ------------------------------ K.SURESHKUMAR, S/O.KRISHNAN, AGED 36 YEARS, KRISHNA NIVAS, SIVANANDHA NAGAR KALLEKULANGARA PO, RAILWAY COLONY, PALAKKAD. BY ADV. SRI.K.ANAND RESPONDENT(S): STATE & COMPLAINANT --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE HEMAMBIKA NAGAR POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6350 of 2008 ------------------------------------------------- Dated this the 15th day of October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 376, 442 and 450 of IPC and Section 3(2)(v) of SC/ST PA Act. According to prosecution, on 16.8.2008, petitioner trespassed into the house of the defacto complainant and committed rape on her. She filed a private complaint on 15.9.2008 which was forwarded to the police under Section 156(3) Crl.P.C. and a crime was registered against the petitioner. Petitioner was arrested on 17.9.2008 and he is in custody since then. 3. Learned counsel for the petitioner submitted that this is a falsely foisted case on the date and time of occurrence. He was working in Kerala State Road Transport Corporation as Reserve Driver as evidenced by Annexure B. It is also submitted that the petitioner and the defacto complainant are neighbours and their families are at loggerhead since quite sometime past. Petitioner was assaulted by the defacto complainant's brother on BA No.6350/08 2 5.9.2008 and he sustained a fracture also. The present complaint is filed after the registration of the crime against the defacto complainant's brother on a complaint made by the petitioner. 4. Learned public prosecutor submitted that he has no objection in granting bail, but stringent conditions may be imposed. But, it has to be made clear that Annexure B cannot be taken as a proof to support plea of alibi, especially in the light of the statement given under Section 161 Crl.P.C. by the person, who had issued the certificate. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not enter the limits of the police station within which the crime is registered except for BA No.6350/08 3 the purpose of compliance of direction in clause no. (ii). (iv) Petitioner shall not influence or intimidate any witness or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl