IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Bail Appl..No. 2024 of 2008() ----------------------------- CRMP.512/2008 of DISTRICT COURT, KALPETTA CRIME 68/08 OF PULPALLY POLICE STATION .................... PETITIONER/ACCUSED ------------------------ RATHEESH, S/O.KESAVAN, AGED 25 YEARS ERIPPODU VEEDU, PADICHIRA AMSAM DESOM S. BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SMT.K.V.RESHMI RESPONDENTS: STATE ------------------ 1. S.I. OF POLICE, PULPALLY POLICE STATION WAYANAD DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2024 OF 2008 E ```````````````````````````````````````````````````` Dated this the 9th day of April, 2008 O R D E R Application for regular bail. Petitioner faces allegations in a crime registered alleging offences punishable, inter alia, under section 376 IPC. The petitioner is a young man aged about 25 years. The alleged victim is a young woman aged about 20 years. They were allegedly in love for a period exceeding two years. The petitioner had allegedly gone to the house of the alleged victim and there he had sexual intercourse with her on 16.10.07. It is alleged that such a sexual intercourse was amounted to the offence of rape. On a promise to marry her, he obtained her consent. Later she became pregnant. The petitioner refused to marry her. It is at that stage the complaint has been filed. Crime has been registered. Investigation is in progress. The petitioner was arrested on 24.2.08. He continues in custody from that date. 2. The learned counsel for the petitioner prays, the BA.2024/08 : 2 : learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner, who has remained in custody from 24.2.08, can now be directed to be enlarged on bail subject to appropriate conditions. In the absence of opposition by the learned Public Prosecutor, I am not adverting to the facts in any greater detail in this order. 3. In the result, this petition is allowed. The petitioner shall be enlarged on bail on the following terms and conditions: i) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) 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 12 noon on all Mondays and Fridays for a period of two months and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks