IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Bail Appl..No. 3975 of 2009 CRIME NO.118 OF 2009 OF VELLAMUNDA POLICE STATION PETITIONER: ACCUSED. ---------------------------- KEEZHATTA ABDUL JALEEL, AGED 44 YEARS, S/O.KEEZHATTA ANDRU HAJI, KEEZHATTA HOUSE, PULINJAL, VELLAMUNDA P.O., WAYANAD-31. BY ADV. SRI.ELDHO PAUL RESPONDENTS: COMPLAINANT. --------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VELLAMUNDA POLICE STATION, MANANTHAVADY,WAYANAD DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3975 OF 2009 ------------------------------------------------------ Dated this the 22nd July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.118 of 2009 of Vellamunda Police Station. 2. The offences alleged against the petitioner are under Sections 450, 376 and 506(I) of the Indian Penal Code. 3. I have gone through the case diary. The First Information Statement would disclose that the grievance of the de facto complainant is that she was raped by the petitioner three and a half years' ago. He continued to do so thereafter on several occasions at her residence. She made the complaint after her husband came back from abroad. Learned counsel for the petitioner pointed out that this is a case foisted against the petitioner. He submits that it is very hard to believe that a lady who suffered an offence like this would not disclose the matter for about three and a half years. 4. Taking into account the facts and circumstances of the case, B.A. NO. 3975 OF 2009 :: 2 :: the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/