IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 Bail Appl..No. 3831 of 2008() ----------------------------- CRIME NO.209/08 OF KUTHUPARAMBA POLICE STATION PETITIONER : ACCUSED ------------------------ UMMER KAPPARAMMAL,, AGED 32, S/O.LATE SU LAIMAN, RESIDING AT SULAIMANS, KOTTAYAMPOYIL AMSOM DESOM, KINAVAKKAL BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENTS: COMPLAINANT AND FORMAL PARTY ----------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. C.I. OF POLICE, KUTHUPARAMBA POLICE STATION, THALAASSERY BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3831 of 2008 ----------------------------------------- Dated this the 23rd day of June, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 376 of Indian Penal Code. According to prosecution, petitioner was working abroad and the defacto complainant approached him for a job and she was asked to come on 19.4.2008 to his house. On reaching there, petitioner committed rape on the defacto complainant, who is aged 26 years. She is having husband and two children. Because of the threat, she did not give any complaint until 28.5.2008. 3. Learned counsel for petitioner submitted that there is a long delay in filing the complaint. The complaint was lodged only on 28.5.2008, after 39 days of the alleged rape. It is also submitted that the defacto complainant is in the habit of giving such complaints against various other persons also and she has given three other similar complaints. It is submitted that the petitioner is residing in the house along with his wife, children, his mother, mother's sister and other inmates of the house. As per the complaint, his wife and children were not present in the house but BA.3831/08 2 presence or absence of other persons is not stated therein. It is also submitted that the incident happened at 11 AM and the petitioner is totally innocent of the allegations made. The complaint is filed only after 39 days. 4. This petition is opposed. Learned Public Prosecutor submitted that the delay is well explained in the First Information Statement itself. The incident happened on a day suggested by the petitioner himself and it is in all probabilities he would have ensured that the inmates of the house are not available in the house. 5. On hearing both sides, I find that the investigation is almost over. The petitioner's presence may not be required for purpose of investigation. The impotency test is conducted. He has been questioned also. All the witnesses are also questioned. Hence, further detention of the petitioner may not be required for the investigation. Hence, bail can be granted on conditions. In the result, the petitioner is granted bail on the following terms and conditions: i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate Court, Kuthuparamba on the BA.3831/08 3 following conditions: a) Petitioner shall report before the investigating officer on every Monday and Thursday between 10 AM and 1 PM until further orders. b) Petitioner shall surrender his passport before the Magistrate Court concerned within one week from the date of his release. c) Petitioner shall not influence or threaten any witness or tamper with evidence and in case of breach of this condition, bail is liable to be cancelled. d). Petitioner shall not leave the limits of the police station within which the crime is allegedly committed, except with the previous permission of the Magistrate Court concerned. Petition is allowed. K.HEMA, JUDGE vgs.