IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 Bail Appl..No. 5927 of 2008() ----------------------------- CRIME NO.522/2008 OF BALUSSERY POLICE STATION .................... PETITIONER: ACCUSED --------------------------- VIJIL, S/O. VIJAYAN, CHALIL MEETHAL HOUSE, NADUVANNUR AMSOM, MANNANKAVE, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT : COMPLAINANT AND STATE ------------------------------------ 1. THE SUB INSPECTOR OF POLICE, BALUSSERY POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5927 of 2008 ------------------------------------------------- Dated this the 25th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 376 IPC and 3(1)(xi) of SC/ST (Prevention of Atrocities) Act. According to prosecution, petitioner has taken the defacto complainant, who is his neighbour, to his friend's house and hence, he had committed rape on her on the promise that he will marry her. 3. Learned counsel for the petitioner submitted that the defacto complainant is a major and she completed the age of 18 at the time of occurrence and the offence of rape is not attracted in this case. Petitioner was arrested on 25.8.2008 and he is in custody for the past more than 31 days. The defacto complainant has filed an affidavit as Annexure B which is attested by the Panchayath President, wherein she has stated that she has no grievance against the petitioner. 4. Learned public prosecutor submitted that in such circumstances, he has no objection in granting bail to the BA No.5927/08 2 petitioner on conditions. Hence, bail is granted to the petitioner on the following terms and conditions: (i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. (ii) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (iii) Petitioner shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled. The petition is allowed. K.HEMA, JUDGE csl