IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1805 of 2008() ----------------------------- CRIME NO.490/07 OF PAZHAYANNUR POLICE STATION PETITIONER : ACCUSED ----------------- AJEESH @ AJIMON, S/O.BHASKARN "CHAKKANAMPARAMBU HOUSE", KULLORKARA VILLAGE DESOM, THALAPPILLY THALUK, THRISSUR. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008 ALONG WITH B.A.NO.1810 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.Nos.1805 and 1810 of 2008 ------------------------------------- Dated this the 24th day of March, 2008 ORDER These applications are for regular bail. The common petitioner faces allegations under Section 376 I.P.C in these two crimes. The victim is a girl born on 18.10.91. Crime 471 of 2007 was registered under the caption `woman missing'. When the girl was traced, she gave a narration of a series of sexual intercourses which she had with various individuals including the petitioner herein. Caption of that crime was altered and the allegation under Section 376 I.P.C was included. But the petitioner was dropped from the array of accused in that crime. But on the basis of the allegations of the defacto complainant that the petitioner did have sexual intercourse with her on two different occasions, he was arrayed as accused in these 2 crimes. Investigation is in progress. It is the case of the victim that various persons who had sexual intercourses with her had promised to marry her. On the date of the initial intercourse, it appears that she was below the Rubicon, ie. she had not attained the age of 16 years. The petitioner had surrendered before the court on 17.02.08. He continues in custody in both crimes with effect from that date. One of the co-accused, who was brought on the array in Crime B.A.Nos.1805 and 1810 of 2008 2 471 of 2007, has already been granted regular bail as per order dated 1.1.08 in B.A.No.7873 of 2007. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. Suffice it to say that I am in agreement that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall, in each case, execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-