IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Bail Appl..No. 6734 of 2008() ----------------------------- CMP.4321/2008 of J.M.F.C.-I,KOYILANDY CRIME NO.789/08 OF KOYILANDY POLICE STATION PETITIONER/ACCUSED -------------------------------------- ATHUL K JAYAN, S/O.JAYANANDAN, MEPPATHUMETTAL HOUSE, KOYILANDY.P.O, KOZHKODE. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): STATE / COMPLAINANT ---------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOYILANDY, POLICE STATION. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6734 of 2008 ----------------------------------------- Dated this the 10th November, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 376 of the Indian Penal Code. According to prosecution, between 22.9.2008 and 24.9.2008 and some other days, petitioner committed rape on the daughter of de facto complainant promising to marry her. The alleged victim is aged only 16 years old. 3. The victim and accused are neighbour and they were in love with each other. Their family members were objecting to this relationship and the girl came to the house of accused on a day and she was reluctant to go back. Petitioner, therefore, took her to the police station and informed the police, while police called her mother to the police station and procured a First Information Statement from her. The girl under their instigation from her mother gave a statement implicating petitioner in the offence under Section 376 IPC. 4. Even after the crime was registered, as per the instruction given, the alleged victim came to the house of the petitioner and requested his mother to protect her, it is submitted. The statement happened to be given by the girl under unfortunate circumstances BA.6734/08 2 and petitioner is accordingly under custody for the past 44 days from 27.9.2008 onwards. Petitioner is working in a private firm and he is aged only 20 years. He may be granted bail, it is submitted. 5. On hearing both sides, I am satisfied that considering the stage of investigation, petitioner can be granted bail on conditions. Hence, bail is granted to petitioner on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every Monday between 5 PM and 6 PM, until further orders. iii). Petitioner shall not enter the limits of the police station within which the crime is registered, except for compliance of condition (i) above. iv) Petitioner shall not commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.