IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 Bail Appl..No. 121 of 2008() ---------------------------- CRIME NO.449/2007 OF PALODE POLICE STATION .................... : PETITIONER/ACCUSED: ------------------------------------ KOCHUMON @ SHIBU, S/O. VIJAYAN, KUNNUMPURATHU VEEDU, VAZHATTAKALA, MAILAMOODU, ANAKUDI MURI, PANGODE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.121 of 2008 ---------------------------------------- Dated this the 11th day of January 2008 O R D E R Application for regular bail. The petitioner, a young man, aged about 22 years, face allegations in a crime registered for offences punishable under Section 366A and 376 I.P.C. The crux of the allegations is that he, a door checker in a private bus, had kidnapped and had illicit sexual intercourse with the victim, a girl aged about 14 years. The victim and the petitioner were allegedly in love. He had induced the girl to go with him. On the promise of marriage, he had allegedly had sexual intercourse with the girl with her consent which consent is invalid in law, the girl having not reached the age of consent. The alleged incident took place between 3/12/2007 and 5/12/2007. The petitioner was arrested on 8/12/2007. She continues in custody from that date. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that regular bail can be granted to the petitioner who has remained in custody from 8/12/2007 subject to B.A.No.121/08 2 appropriate conditions. The young age of the petitioner as also the fact that he is continuing in custody from 8/12/2007 do weigh with me in coming to this conclusion. 3. In the result, this petition is allowed. The petitioner shall be released 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) jsr B.A.No.121/08 3 B.A.No.121/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007