IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 Bail Appl..No. 520 of 2008() ---------------------------- CRMP.4036/2007 of DISTRICT COURT, PALAKKAD CRIME NO.384/07 OF SHORNUR POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- MANOJ, S/O.VELAYUDHAN, AGED 25 YEARS, MADATHUMPADIKKAL HOUSE, AKALOOR, LAKKDI PERUR VILLAGE, OTTAPALAM TALUK. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE CIRCLE INSPECTOR OF POLICE, SHORNUR. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 520 OF 2008 ------------------------------------------------- Dated this the 12th day of February, 2008 ORDER Application for anticipatory bail. The petitioner now faces allegations only under Sec.366 of the IPC. An F.I.R. was registered in which vague allegations of offences punishable under Secs.366A and 376 of the IPC were also raised. The alleged victim is a girl aged about 14 years. The petitioner herein is a person in his early 20s. They were allegedly in love. The school authorities after detecting the relationship had allegedly sent the girl out of school. She had joined another school. En route to school from her residence the boy and the girl allegedly went in an autorikshaw driven by the boy/the petitioner. The parents/relatives of the girl came to know of this. She was closely interrogated. She was taken to the Police Station. Her First Information Statement was B.A. No. 520 OF 2008 -: 2 :- recorded. In that, she, it is found, had alleged that she was taken around in the autorikshaw to various places. She was taken to a hotel. Some sweet was given to her. She became unconscious. She does not remember what happened thereafter. She expressed an apprehension that she was raped. It is on these allegations that the F.I.R. was registered. In the course of investigation, those allegations are now dropped by the police and the allegation now raised is only under Sec.366 of the IPC. The girl even according to the Investigator is changing her versions and therefore a request has been made to get the 164 statement of the girl recorded. 2. The learned counsel for the petitioner submits that the petitioner and the de facto complainant have acquaintance. They were in love. Her people are not in favour of the relationship. That is why false and vexatious allegations are raised and the girl is being compelled to make false statements. 3. The learned Public Prosecutor does not oppose the application. The Case Diary has been placed before me by the learned Public Prosecutor for my perusal and after perusal of the C.D. I reckon that want of opposition to be fair and just. I am satisfied, in the facts and circumstances of this case, that anticipatory bail can be granted to the petitioner subject to B.A. No. 520 OF 2008 -: 3 :- appropriate conditions which shall ensure the interests of a fair, efficient and expeditious investigation. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 19/2/08. He shall be released on regular bail on his executing a bond for Rs.25,000/- 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 20/2/08 and 21/2/08. During this period the Investigator shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioner shall appear before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law as if these directions were not issued at all; B.A. No. 520 OF 2008 -: 4 :- (iv) If the petitioner were arrested prior to his surrender on 19/2/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.25,000/- without any sureties undertaking to appear before the learned Magistrate on 19/2/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge