IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Bail Appl..No. 3390 of 2008() ----------------------------- CRMP.2269/2008 of J.M.F.C., ADOOR CRIME 357/08 OF PANDALAM POLICE STATION .................... PETITIONER/ACCUSED: ------------------------------------ JUBIN P.CHACKO, S/O. CHACKO, PULIKKOTTIL VEEDU, THONNALLOOR MURI, PANDALAM VILLAGE. BY ADV. SRI.K.HARILAL SRI.R.GOPAN RESPONDENTS: COMPLAINANTS: -------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, PANDALAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3390 of 2008 ----------------------------------------- Dated this the 29th day of May, 2008 O R D E R This petition is for bail. 2. According to prosecution, petitioner allegedly raped the defacto complainant and also assaulted her. The last incident was on 9.5.2008 at about 9.30 AM in the shop of the petitioner. A crime was registered on the basis of a complaint made by the defacto complainant under Sections 376 and 323 of India Penal Code. 3. Learned counsel for petitioner submitted that the defacto complainant is aged 26 years and as per the allegation, the petitioner committed rape on her from 2005 onwards on different dates. She did not make any complaint against the rape until after expiry of three years. According to the defacto complainant, the offence was committed on promise to marry her. But, petitioner broke the promise on 9.5.2008, when she went to the shop and she was slapped on the face, is the allegation. 4. Petitioner and the defacto complainant were friends for the past seven years and there was some difference of opinion and the complaint is filed, it is submitted. It is argued that no offence under BA.3390/08 2 Section 376 will be made out, since as per the allegations made by themselves, defacto complainant has allowed the petitioner to have sexual act as persuaded by him by the promise to marry her. 5. Petitioner is in custody since 9.5.2008 onwards. Investigation is almost over and hence learned Public Prosecutor submitted that he has no objection in granting bail to the petitioner on stringent conditions, restraining his movements and also ensuring that he does not influence the witnesses or threaten them. 6. Hence, petitioner is granted bail on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the court below. ii) Petitioner shall report before the investigating officer on every Monday and Thursday between 10 AM and 1 PM until further orders. iii). Petitioner shall not enter the limits of Pandalam Police Station, except for compliance of clause No. (ii). iv) Petitioner shall not do any act to influence or threaten the witnesses and in case there is any breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.