IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 17TH SEPTEMBER 2007 / 26TH BHADRA 1929 Bail Appl..No. 5573 of 2007() ----------------------------- CRIME NO.558/07 OF MANJERI POLICE STATION .................... PETITIONER : ACCUSED ------------------------ ASOKAN, S/O.RAMACHANDRAN MELEKUNDIL HOUSE, THADAPARAMBIL, MANJERI MALAPPURAM DISTRICT BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB-INSPECTOR OF POLICE MANJERI POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31 BY P.P. SRI.JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. -------------------------------------------- B.A. NO. 5573 of 2007 -------------------------------------------- Dated this the 17th day of September, 2007 ORDER Application for regular bail. The petitioner faces allegations under Sec.376 of the IPC. The crux of the allegations is that the petitioner – a 31 year old married person, allegedly committed rape twice on a 19 year neighbour. The girl did not complain of the incident on the first occasion allegedly because of threats of the petitioner. Later, a complaint was lodged on 19/8/07. The alleged incident took place on 10/8/07. The petitioner was arrested on 20/8/07. He continues in custody from that date. 2. The learned counsel for the petitioner submits that the allegations are false. The medical examination does not reveal any indications to suggest a sexual intercourse. The hymen was in tact. The petitioner may now be enlarged on bail, prays the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the B.A. NO. 5573 of 2007 -: 2 :- application. He only submits that appropriate conditions may be imposed. 4. I have considered all the relevant inputs. It is not invariable that rupture of hymen must be seen in all cases of rape. It depends on the extent of sexual penetration. Be that as it may, I am satisfied that the petitioner can now be enlarged on bail subject, of course, to appropriate conditions. 5. In the result: (a) The application is allowed. (b) The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall execute 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 on all Mondays between 10 a.m. and 12 noon for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (iii) During the said period of two months, the petitioner shall not enter the jurisdiction of the Manjeri Police Station B.A. NO. 5573 of 2007 -: 3 :- without the prior permission of the learned Magistrate, except for the purpose of complying with Condition No.(ii) above. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge