IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 Bail Appl..No. 5544 of 2008() ----------------------------- CMP.8100/2008 IN CRIME NO.366/08 OF POOYAPPALLY POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- SUMESH @ SANKARAN, AGED 27 YEARS, S/O. CHANDRAN, CHARUVILA VEEDU, POOYAPPALLY MURI, POOYAPPALLY VILAGE, KOTTARAKKARA TALUK. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PPROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5544 of 2008 ------------------------------------------------- Dated this the 18th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 450 and 376 IPC and Section 3(i)(xi) of SC/ST (PA) Act. According to prosecution, petitioner trespassed into the house of the defacto complainant and committed rape on her. 3. Petitioner was arrested on 14.8.2008 and he is in custody since then. Learned counsel for the petitioner submitted that the petitioner and the defacto complainant, who is aged 17 years and 9 months, were in love with each other and they are neighbours. The defacto complainant is pregnant and petitioner admits paternity and he is prepared to marry her and the family members have also agreed, it is submitted. 4. In the peculiar circumstances, learned public prosecutor submitted that he has no objection in granting bail on conditions. Hence, bail is granted to the petitioner on the following terms and conditions: BA No.5544/08 2 (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 and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not intimidate any witness 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 csl