IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 Bail Appl..No. 3718 of 2010() ----------------------------- (CRIME NO. 224/2010 OF PERINGOME POLICE STATION) PETITIONER/ACCUSED -------------------------------------- D.RATHEESH, S/O.DAMODARAN, AGED 22 YEARS, MASON, THEKKADAVAN HOUSE, MATHIL P.O., MALAPARAMBA AMSOM DESOM, KANNUR DISTRICT. BY ADV. SRI.O.V.MANIPRASAD SRI.SAJU J PANICKER RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, (SUB INSPECTOR OF POLICE, PERINGOME POLICE STATION CRIME NO.224/2010), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3718 OF 2010 -------------------------------- Dated this the 30th day of July 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 323 and 354 of IPC. According to prosecution, on 02/05/2010, at about 6:00 p.m, petitioner, along with his friends trespassed into the house of de facto complainant and outraged her modesty and attacked her. 3. Learned counsel for petitioner submitted that petitioner is a friend of de facto complainant's nephew. Both of them had gone to de facto complainant's house, as requested by the nephew. There was some quarrel between petitioner and his friend and de facto complainant had intervened. Petitioner is aged 22 years. The matter is settled between the parties and a statement is also filed by de facto complainant as Annexure A2. Petitioner was prepared to explain his innocence to the Investigating Officer if an opportunity was given. As directed by this court, he appeared before the Investigating Officer and he was interrogated. 4. Learned Public Prosecutor submitted that petitioner appeared before the Investigating Officer and he was interrogated. De facto complainant was also present and she was questioned about the settlement. In the peculiar circumstances, there is no objection in granting anticipatory bail to petitioner on condition, it is submitted. B.A No.3718 OF 2010 2 5. On hearing both sides, I am satisfied that anticipatory bail can be granted on conditions. Hence, the following order is passed. (1) Petitioner shall, in the event of his arrest, be released on bail on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: (i) Petitioner shall report before the Investigating Officer as and when directed and co-operate with investigation. (2) This order will be in force only for a period of 20 days from today. In the mean time, whether petitioner is arrested or not, he shall seek regular bail from the court concerned, in accordance with law. Petition is allowed. K.HEMA JUDGE vdv