IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 Bail Appl..No. 4049 of 2008() ----------------------------- Cr.166/08 OF MULANTHURUTHI POLICE STATION PETITIONER --------------------------- SUMESH N. AYYAPPAN, MANIMANDIRAM HOUSE, AMBADIMOOLA, THIRUVAMKULAM, ERNAKULAM. BY ADV. SRI.R.KRISHNA RAJ RESPONDENTS: RESPONDENT ----------------------- S.I. OF POLICE, MULANTHURUTHI,, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4049 of 2008 ----------------------------------------- Dated this the 4th July, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 376 of Indian Penal Code. According to prosecution, a 17 year old girl is raped by the accused in the month of May, 2007. A crime is registered on the basis of a complaint given by the father of the alleged victim. Petitioner is a Constable in CRPF and he is in custody from 28.5.2008 onwards. 3. Learned counsel for petitioner submitted that the petitioner is innocent of the allegations made. This complaint is filed only to pressurize the petitioner to marry the alleged victim. He was having affair with another girl and the marriage was fixed with her and at that stage, the father of the victim gave a false complaint against the petitioner that too, after expiry of one year of the alleged incident. The victim's marriage was also fixed, but that had fizzled doubting her chastity. In such circumstances, the father of the alleged victim insisted the petitioner to marry his daughter. BA.4049/08 2 4. Learned Public Prosecutor submitted that there is a request from CRPF that the petitioner may be handed over to the local office, since he is wanted by the Court Martial. The investigation is almost over and hence, he has no objection in granting bail to the petitioner on conditions. Learned counsel for petitioner submitted that the petitioner is prepared to abide by any conditions imposed by this Court. In the result, the petitioner is granted bail on the following terms and conditions: i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of Magistrate Court concerned. ii) Petitioner shall report before the Officer Commandant, CRPF, Kerala Unit at Pallippuram within ten days of his release on bail. In case of breach of this condition, bail will be cancelled. iii) Petitioner shall report before the investigating officer as and when directed. iv) Petitioner shall not influence or threaten any witnesses and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.