IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 Bail Appl..No. 77 of 2008() --------------------------- CMP.6422/2007 of J.M.F.C.,VAIKOM CRIME NO.735/07 OF VAIKOM POLICE STATION .................... : PETITIONER/COMPLAINANT --------------------------------------- JAYAKUMAR @ JAYAN,S/O.PRABHAKARAN VADAKKETHARA HOUSE, PANAMBUKAD, PANAMBUKAD BHAGAM, PADINJATTINCHERI PADINJAREMURI KARA, NADUVILA VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.K.SUNILKUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REP. BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.77 of 2008 ------------------------------------- Dated this the 10th day of January, 2008 ORDER Application for regular bail. Petitioner is the 6th accused. He faces allegations under Section 376 I.P.C. He is alleged to have had sexual intercourse with a girl of below the age of consent. The alleged rape had taken place on 22.11.07. The girl admittedly did sexual intercourse with others with consent on many earlier occasions. 2. The petitioner was arrested on 25.11.07. He continues in custody from that date. An earlier application for regular bail was dismissed by this Court as per order dated 19.12.07 in B.A.7821 of 2007. The petitioner continues in custody from 25.11.07. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. B.A.No.77 of 2008 2 4. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One lakh only) 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 all Mondays and Fridays for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-