IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Bail Appl..No. 7566 of 2008() ----------------------------- CRMP.3607/2008 of DISTRICT COURT, PALAKKAD CRIME NO. 328/2008 OF HEMAMBIKA NATAR POLICE STATION, PALAKKAD DISTRICT. PETITIONER (S): ACCUSED:- -------------------- NIAZ ABDUL RAHIMAN, AGED 26 YEARS, S/O. ABDUL RAHIMAN, RAHIMAN HOUSE, HOUSE NO. 1/503, E.M.S. NAGAR, PAYITTAMKUNNAM, DHONI .P.O., PALAKKAD DIST. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE CIRCLE INSPECTOR OF POLICE, HEMAMBIKA NAGAR POLICE STATION, PALAKKAD DIST,REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR BY SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7566 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 12th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offence is under section 376 IPC. According to prosecution, petitioner allegedly committed rape on de facto complainant at various places. 3. Learned counsel for petitioner submitted that the alleged victim is aged 27 years and as per the allegations from the First Information Statement, petitioner had taken de facto complainant to various places like Ernakulam, Ootty, Pazhani and Kodaicanal and they had lived together in lodges at various places and she was subjected to sexual intercourse and he committed the offence on promise to marry her. According to petitioner, de facto complainant and petitioner in love with each other and they wanted to marry also. 4. But, later petitioner came to know that de facto complainant is a married lady and hence, he withdrew from the relationship. Therefore, the complaint is lodged only for pressurizing him to marry her. It is also submitted that as per the information, de facto complainant told the doctor at the time of examination that she had physical relationship with petitioner on consent. If petitioner is arrested and remanded to judicial BA 7566/08 -2- custody on these allegations, it is likely that he will be put to irreparable loss and injury, it is submitted. 5. On hearing both sides and on going through the case diary, particularly medical report and history stated to doctor, I am satisfied that petitioner has to be given an opportunity to prove his defence and if he is remanded to custody on the allegations as revealed from the case diary, it will end up in injustice. 6. Hence, the following order is passed:- (1) Petitioner shall surrender before the Investigating Officer within seven days from today and he 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 arresting officer, on the following conditions:- i) Petitioner shall make himself available for interrogation by the Investigating Officer as and when directed and co- operate with the investigation. ii) Petitioner shall not intimidate or BA 7566/08 -3- influence any witness or commit any offence while on bail. iii) Petitioner shall not enter the limits of the police station within which the crime is registered except for purpose of reporting before the Investigating Officer. This petition is allowed. K.HEMA, JUDGE. mn.