IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 10TH SEPTEMBER 2008 / 19TH BHADRA 1930 Bail Appl..No. 3606 of 2008() ----------------------------- CRIME NO.356/2008 OF THIRUVALLA POLICE STATION PETITIONER/ACCUSED: ------------------------------------ KRISHNAKUMAR, S/O. KRISHNANKUTTY, AGED 18 YEARS, KOTTALIL BHAGAVATHYCHIRA VEEDU, KUTTAPUZHA VILLAGE,CHUMATHRA MURI,THIRUVALLA TALUK BY ADV. SRI.SAJITH KUMAR V. RESPONDENT: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON 10/09/2008 PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3606 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of June, 2008 O R D E R Application for bail. 2. According to the prosecution, the petitioner took away a minor girl aged 13 years from the house of the defacto-complainant to the family house of the petitioner's mother on 9-5-2008 and he committed rape on her. The police arrested him on 11-5-2008. 3. The learned counsel for the petitioner submitted that the petitioner is aged only 18 years. This is a case of teenage love and there is no evidence of sexual act, as per the medical record. Considering the age and the period of detention, the petitioner may be released on bail, it is submitted. The learned Public Prosecutor pointed out that there is sufficient medical evidence to prove the case of rape and the alleged victim was examined by a doctor on 11-5-2008 itself. The report reveals that there is evidence to genital penetration and rapture of hymen. 4. On hearing both sides and on perusing the records, I find that the petitioner has been custody for about one month and the investigation is almost over and no purpose will be served by detaining the petitioner for any further period. The petitioner is aged 18 years and he allegedly took the BA 3606/08 -2- girl to his own maternal grand parents' house. The petitioner is granted bail on the following terms and conditions:- 1) The petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the trial court. One of the parents of the petitioner, whether solvent or not, shall also execute a bond for Rs.25,000/-. 2) The petitioner shall report before the Investigating Officer on every Monday between 10 a.m. and 1 p.m. until further orders. 3) The petitioner shall not enter the limits of the police station, within which the alleged victim is residing, except for compliance of condition No.(2). 4)The petitioner shall not influence or threaten any witness or witnesses and in case of any violation of this condition, bail is liable to be cancelled. The application is allowed. K. HEMA, JUDGE. mn.