IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Bail Appl..No. 144 of 2008() ---------------------------- CMP.3400/2007 of J.M.F.C., MANNARKAD CRIME NO.79/07 OF SHOLAYUR POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- MARI, S/O.RANGAN, AGED 40, CHAVADIYUR, SHOLAYUR VILLAGE. BY ADV. SRI.RAJESH NAMBIAR RESPONDENTS: STATE ------------------ THE STATE OF KERALA REPRESENTED BY THE SHO, SHOLAYUR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 144 OF 2008 ------------------------------------------------- Dated this the 14th day of January, 2008 ORDER Application for regular bail. The petitioner faces allegations in a crime registered under Sec.376 of the IPC. He is alleged to have committed rape on a 35 year old unmarried woman at 9 a.m. on 19/11/07 in a forest. The petitioner is the son of a Warden in the forest. The complaint was filed on 20/11/07. The petitioner was arrested on 22/11/07. He continues in custody from the date of his arrest. 2. The learned counsel for the petitioner submits that the allegations against the petitioner, in the First Information Statement, are vague. The allegations are totally false. In these circumstances, it is prayed that the petitioner, who has remained in custody from 22/11/07, may now be enlarged on B.A. No. 144 OF 2008 -: 2 :- bail, subject to appropriate terms and conditions. 3. The learned Public Prosecutor submits that there is absolutely no vagueness in the allegations. Specific allegations of rape have been made. But all the same, considering the fact that the petitioner has remained in custody from 22/11/07, the State has no objection against the grant of regular bail to the petitioner subject to appropriate conditions which shall ensure that he does not tamper with the evidence and does not threat the witnesses. 4. I am satisfied, in the facts and circumstances of this case, that the petitioner can be granted regular bail subject to appropriate terms and conditions. 5. In the result: (a) The application is allowed. (b) The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall not enter the jurisdiction of the Sholayur Police Station for a period of three months without the B.A. No. 144 OF 2008 -: 2 :- permission of the learned Magistrate except for the purpose of complying with condition No.(iii) below. (iii) The petitioner shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of three months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT, JUDGE) Nan/