IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Bail Appl..No. 5549 of 2008() ------------------------------------ CMP.3323/2008 of J.M.F.C.-I,THAMARASSERY CRIME NO.435/08 OF KODUVALLY POLICE STATION .................... PETITIONER/ACCUSED : ----------------------------- ABDUL SHUKKOOR @ BABU, S/O. CHEKKUTTI HAJI, MELE NAROOKKIL HOUSE NELLAMKANDY, VAVAD AMSOM P.O.KODUVALLY, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT & STATE : -------------------------------------------------- 1. SUB INSPECTOR OF POLICE KODUVALLY POLICE STATION, KODUVALLY. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5549 of 2008 ------------------------------------------------- Dated this the 24th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 376 IPC. According to prosecution, the alleged victim was taken to Guruvayoor under the pretext of arranging a job for her and from the lodge, she was raped by the petitioner. Her nude photographs were also taken by the petitioner in the mobile phone. The incident occurred on 9.2.2008. 3. Petitioner was arrested on 23.8.2008 and he is in custody for the past 31 days. Learned counsel for the petitioner submitted that the alleged victim is aged 21 years and as per the allegations, she has gone alone with the petitioner willingly. There is also an inordinate delay of a period of six months in filing the complaint. 4. Learned public prosecutor submitted that as per the allegations, this is a case of rape which was committed without the consent of the victim. However, he submitted that on stringent conditions, he has no objection in granting bail. BA No.5549/08 2 Hence, bail is granted to the petitioner on the following terms and conditions: (1) 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. (2) Petitioner shall report before the Investigating Officer on every Monday, Wednesday and Saturday between 10 a.m. and 1 p.m. until further orders. (3) Petitioner shall not enter the limits of the police station within which the crime is registered except for compliance of direction in clause no.(2) above. Petitioner is, however, permitted to go to his house on Ramsan day. (4) Petitioner shall not influence or threaten any witness or tamper with evidence or 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