IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1783 of 2008(A) ------------------------------ CMP.1659/2008 of J.M.F.C.,KASARAGOD CRIME 76/08 OF MANJESHWAR POLICE STATION .................... PETITIONER/ ACCUSED ------------------------ ASHRAF AMEERKHAN, AGED 21 YEARS S/O.ISMAIL NOOR, ARYA SAMAJ ROAD SWEET HOME APARTMENTS, BELMUTTA, MANGALORE NOW RESIDING AT FAHISA MANZIL, NALLIAGIPADHAV BACORY JUNCTION, VERKADY VILLAGE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. THE SUB INSPECTOR OF POLICE MANJESHWAR POLICE STATION 2. STATE REP: BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1783 OF 2008 ```````````````````````````````````````````````````` Dated this the 25th day of March, 2008 O R D E R Application for regular bail. Petitioner faces allegations in a crime registered for offences punishable, inter alia, under sections 363 and 376 IPC. The alleged incident took place on 5.3.08. The victim is a girl aged 14 years. The petitioner is a person aged about 25 years. He is unmarried. The victim girl and the petitioner boy were in love. The victim had gone along with the petitioner. It is alleged that they did have sexual intercourse after they so left the house. The petitioner continues in custody from 8.3.08. The learned counsel for the petitioner submits and the learned Public Prosecutor, after taking further instructions, accepts the said submission that the parents of the victim girl and the petitioner boy had agreed that their marriage can be performed. They are related even otherwise, it is submitted. 2. The learned counsel for the petitioner prays, the BA.1783/08 : 2 : learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner, who has remained in custody from 8.3.08, can now be enlarged on bail subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: i) The petitioner shall execute a bond for Rs.25,000/- (Rupees twenty five 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 as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks