IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 Bail Appl..No. 3958 of 2010() ----------------------------- CRIME NO.154/2010 OF CHITTARIKKAL POLICE STATION, KASARAGOD. PETITOINER (S): -------------------- JOMON @ JOSEPH P.P., S/O.JOHNY @ FRANCIS AGED 20 YEARS, PARAYIDATH HOUSE, OMANAPPUZHA, PATHIRAPALLI VILLAGE, AMBALAPPUZHA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.B.PRAMOD RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3958 of 2010 ---------------------------------------------- Dated 8th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 376 of the Indian Penal Code and Section 3(1)(x) of the S.C. and S.T. (Prevention of Atrocities) Act. According to prosecution, on 14.4.2010, petitioner committed rape on defacto complainant, who is aged 24 years, at her residence. She is a member of the Scheduled Tribe and petitioner is not a member of Scheduled Caste or Scheduled Tribe and in such capacity, he has committed rape. 3. Petitioner is a boy aged 20 years and the alleged victim is aged 24 years. As per the allegations in the first information statement itself it is stated that the sexual act committed was with consent of defacto complainant. There was some contact over mobile phone and she had invited petitioner to her house and it was in her house that the offences are alleged to have been committed. 4. Petitioner was arrested on 25.5.2010 and he is in BA NO.3958/10 2 custody for the past 45 days. This petition is not opposed. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not enter the limits of the police station, within which crime is registered, except for compliance of condition no.(i) Petition is allowed. K.HEMA, JUDGE. tgs