IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 Bail Appl..No. 4679 of 2008(F) ---------------------------------------- CMP.2575/2008 of J.M.F.C.-II, PEERUMEDU CRIME NO.211/2008 OF KUMILY POLICE STATION .................... PETITIONER/ACCUSED : --------------------------------- MANI, S/O.MADASWAMY, USHA BHAVAN VEETIL, KURIAN COLONY, MURIKKADI KARA, KUMILY VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT/COMPLAINANT : -------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4679 OF 2008 ------------------------------ Dated this the 25th day of July, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 366(A), 450, 376, 506(i) of the Indian Penal Code. According to the prosecution, the petitioner who is aged 21 years allegedly committed rape on defacto complainant's daughter who is aged 14 years. On the basis of the complaint made by the defacto complaint, a crime was registered under Sections 366(A), 450, 376, 506(i) of the Indian Penal Code. 3. Petitioner was arrested on 18.06.2008 and he is in custody since then. Learned counsel for the petitioner submitted that the petitioner and the defacto complainant's daughter were in love and according to the mother of the girl herself, the age of the victim is 17 years. The petitioner and the alleged victim stayed together for 2 months and thereafter, the father of the victim came to the place of residence and took away the petitioner and the girl. The girl was allowed to be with the petitioner by none other than the parents of the girl. Thereafter B.A.4679/2008 2 they continued to live together. But there was some difference of opinion between the family members of the girl and the petitioner. Therefore this complaint is filed. Learned Public Prosecutor submitted he has no objection in granting bail to the petitioner on conditions. Hence petitioner is granted bail on the following terms and conditions: (i) The 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) The petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) The petitioner shall not threaten any witness or tamper with evidence and or commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE pac