IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Bail Appl..No. 1029 of 2008() ----------------------------- CRIME 96/08 OF PERINTHALMANNA POLICE STATION PETITIONER --------------------------- ALI,S/O. MAMMY THEKKEDIL VEEDU, CHEMMALASSERY, PERINTHALMANNA. BY ADV. SRI.P.VIJAYA BHANU RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1029 OF 2008 A ```````````````````````````````````````````````````` Dated this the 22nd day of February, 2008 O R D E R Application for regular bail. Petitioner is the 2nd accused. Altogether there are two accused persons. The de facto complainant is a person belonging to the scheduled caste. She is a married woman. She is aged about 27 years. She is employed as a sweeper in a hospital. F.I.R. was lodged on 2.2.08. The allegation is that long back on 9.6.07 both the accused persons did sexual intercourse with her in a moving vehicle driven by the 1st accused. She complained on 2.2.08 that such sexual intercourse was without her consent and against her will. The accused persons were arrested on 2.2.08 itself. Crime has been registered under section 376 IPC as also section 3(2)(v) of the SC and ST (PA) Act. 2. The learned counsel for the petitioner submits and the learned Public Prosecutor accepts that in the statement of BA.1029/08 : 2 : the de facto complainant there are indications to suggest that the sexual intercourse with the 1st accused was with the consent of the de facto complainant. But she takes a stand that the intercourse with the 2nd accused was without her consent. She explains the delay in filing the complaint with a plea that A1 had promised to marry her. 3. The learned counsel for the petitioner submits that the petitioner is innocent and considering the nature of the allegations raised, the petitioner does not deserve to continue in custody any longer. 4. The learned Public Prosecutor does not oppose the application. Relevant portions of the case diary have been read over to me. I am satisfied that the petitioner, who has remained in custody from 2.2.08, can, at any rate, be granted regular bail now. Appropriate conditions can also be imposed. 5. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and BA.1029/08 : 3 : conditions: i) The petitioner 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, for a period of one month from the date of his release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks