IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 Bail Appl..No. 4004 of 2010() ----------------------------- (CRIME NO.247/2010 OF TOWN POLICE STATION, KOZHIKODE) PETITIONER/ACCUSED -------------------------------------- ALICE @ ALI,AGED 42 YEARS, S/O.ABOOBACKER,VYDIAR HOUSE,KUTTICHIRA NOW RESIDING AT KOSAVAN VEEDU, PARAMBA, NEAR CHEMMANGADKULAM. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, TOWN POLICE STATION, KOZHIKODE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J ---------------------- B.A.No.4004 OF 2010 ----------------------------------- Dated this the 29th day of July, 2010 O R D E R This petition is for bail. 2. The alleged offences are under sections 376(F), 377 and 323 IPC. According to prosecution, two weeks prior to 18.5.2010, petitioner committed rape and unnatural sex on 4 years old girl, who is residing in the neighbourhood. She used to go to petitioner's house for watching T.V. 3. Petitioner was arrested on 20.5.2010 and he is in custody for the past 69 days. Learned counsel for petitioner submitted that even if the entire allegations are accepted, offence u/s.377 IPC alone will be attracted. As per the medical evidence, hymen is intact and there is no penetration. Hence, offence u/s.376 is not made out in this case. As far as 377 IPC is concerned, Sec.167(2) Cr.P.C is attracted and petitioner is entitled for bail on default, since the maximum period of detention in a case involving offence u/s.377 IPC will be 60 days. Petitioner's counsel also submitted that the alleged victim's mother has filed an B.A. No.4004/10 2 affidavit stating that she happened to lodge the complaint only on a misunderstanding and the complaint was filed under instigation of certain persons who are on inimical terms with petitioner. 4. Learned public prosecutor submitted that as per the settled law, it is even in cases in which hymen is intact, offence under section 376 will be attracted. Investigation is almost over, but it is reported that there is other likelihood that some untoward incident, will happen if petitioner is released on bail at this stage. Relatives of the victim are agitated. Hence stringent conditions may be imposed while granting bail, it is submitted. 5. On hearing both sides and on going through the case diary, particularly the wound certificate, I find that bail can be granted to petitioner particularly since investigation is at the fag end. Petitioner's detention may not be required for the purpose of investigation. In the above circumstances, I find that petitioner can be granted bail and hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on B.A. No.4004/10 3 following conditions: 1) Petitioner shall report before the Superintendent of Police (Kozhikode, Rural) on every alternate day between 10 AM and 1 PM. 2) Petitioner shall not enter the limits of police station within which crime is registered. 3) Petitioner shall not influence or intimidate the witnesses or tamper with evidence. 4) In case petitioner is involved in other crime of similar nature, the bail is liable to be cancelled. This petition is allowed. K. HEMA, JUDGE. Sou.