IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Bail Appl..No. 1262 of 2008() ----------------------------- CRIME NO.36/08 OF SHORNUR POLICE STATION CRMP.465/2008 of DISTRICT COURT, PALAKKAD .................... PETITIONERS/ACCUSED NOS.1,3 & 5 ------------------------------------------------ 1. ANWAR, AGED 32 YEARS, S/O. MALUMMA, PANCHARATHODI HOUSE, KURUVATTUR, VALLAPUZHA, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. ALI, AGED 37 YEARS, S/O. KODAKKADAN KOYA, KODAKKAD, KURUVATTUR, VALLAPUZHA, OTTAPALAM TALUK, PALAKKAD DISTRICT. 3. KILARU, AGED 32 YEARS, S/O. KODAKKADAN KUNHAPPU, KODAKKAD, KURUVATTUR, VALLAPUZHA, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.N.RAGHURAJ SRI.A.V.RAVI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1262 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2008 O R D E R Application for regular bail. The petitioners are accused 1, 3 and 5. They face allegations in a crime registered for offences punishable under Section 376(g) I.P.C. and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. The alleged incident took place on 18.1.2008. The victim is a married woman, aged about 30 years. She, along with her husband and three children, resides in a room in the ground floor of the building. One of the rooms in the upstairs is occupied by one of the accused. When the said accused and his friends, along with the husband of the petitioner, were drinking alcohol on the first floor, the defacto complainant had gone there to bring her husband down. He was drunk and he was vomiting, for which he had to go frequently out of the house. The door was hence kept open. The husband and three children were sleeping in the room. The person residing in the first floor along with some of the friends had B.A.No. 1262 of 2008 2 alleged to have come to the house and physically lifted the defacto complainant to the upstairs. There they are alleged to have sexual intercourse with her one after other. Altogether there are six accused person. From there she was taken down and after coming down also two persons allegedly had sexual intercourse with her. She complained later. It is her case that all these intercourses were intercourses without her consent and against her will. The complaint was hence lodged by her before the police on 23.1.2008, the incident having taken place on 18.1.2008. Investigation commenced. The petitioners were arrested on 26.1.08 and 27.1.2008. They continue in custody from that date. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. False and vexatious allegations are being raised against them. At any rate, even if the entire allegations were considered to be true, on a careful evaluation of the totality of circumstances must eloquently convey that there was no element of the offence of rape. The petitioners may, in these circumstances, be enlarged on bail, they having remained in custody from 26/27.1.2008. B.A.No. 1262 of 2008 3 3. The learned Prosecutor, after discussions at the Bar, does not oppose the application. But he prays that appropriate conditions may be imposed. 4. I have perused the case diary. I shall not embark on any detailed discussion on merit about the acceptability of the allegations raised or the credibility of the data collected. Suffice it to say that on an anxious consideration of all the relevant inputs, I am persuaded to agree that the petitioners can now be enlarged on bail, subject to appropriate terms and conditions. 5. In the result: 1) This applications are allowed. 2) The petitioners shall be released on bail on the following terms and conditions. (a) The petitioners shall execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) They shall make themselves available for interrogation before the Investigating Officer on all Mondays and Fridays between B.A.No. 1262 of 2008 4 10 a.m. and 12 noon for a period of one month and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm