IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Bail Appl..No. 917 of 2008() ---------------------------- CRIME NO. 967/07 OF HILL PALACE POLICE STATION CRMP.226/2008 of ADDL.C.J.M., ERNAKULAM .................... PETITIONER/ACCUSED ----------------------------------- SREEDHARAN,S/O. RAMAKRISHNAN, AGED 30 YEARS, POOCHAPARA VEEDU, NELLIYAMPADAM,VADAKKENCHERRY VILLAGE, ALATHUR TALUK,PALAKKAD DISTRICT. BY ADV. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENTS: ------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE HILL PALACE STATION,ERNAKULAM DISTRICT. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 917 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of February, 2008 O R D E R Application for regular bail. The petitioner – a person aged about 30 years, faces allegations for offences punishable under Section 376 of the IPC. The victim girl is an adopted child aged about 12 years. Her adoptive father runs an Ayurvedic Dispensary. Her adoptive mother is also engaged in some business activity. The petitioner allegedly assists the adoptive father of the victim in his shop. The alleged incident took place on 13.12.07. The victim girl was born on 13.9.1995. On the date of the incident, in the house of the victim, her adoptive mother was there. The petitioner stays in a room near her house. He was also available in the house. The mother went to sleep. But the petitioner allegedly went into the room of the victim. There she was allegedly compelled to have sexual intercourse with the petitioner. The victim resisted. When the petitioner went into the bath room he was locked from outside. B.A.No. 917 of 2008 2 He was let out later when others came to the scene. A complaint was filed. The petitioner was arrested on 15.1.2008. Final report has already been filed. Cognizance has been taken by the learned Magistrate. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The defacto complainant has been making identical allegations earlier. Another crime has been registered, in which also it is alleged that the accused in that case committed rape on the victim. Indications in that case also must suggest that the victim had consented to such sexual intercourse. At any rate, the investigation having been completed, the petitioner, who remains in custody from 15.1.2008, may now be enlarged on bail. 3. The learned Prosecutor denies the allegations. He submits that the consent of the girl is irrelevant completely in as much as she is shown to have been born on 13.9.1995. Even assuming that the girl had consented to the intercourse in both cases of alleged rape, that cannot alter the nature and character of the allegations and offence. The sequence B.A.No. 917 of 2008 3 of events in this case must certainly suggest that there was no consent on the part of the victim, urges the learned Prosecutor. 4. Be that as it may, investigation having been completed and the petitioner having remained in custody from 15.1.2008, the learned Prosecutor does not oppose the application and I am satisfied that the petitioner can be granted regular bail subject to appropriate conditions, which shall ensure that the petitioner does not tamper with the possible evidence and does not vex and harass the victim. 5. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) He shall report before the Investigating Officer between 5 p.m. and 6 p.m. on the first and third Sundays of all English calender months until further orders. B.A.No. 917 of 2008 4 © The petitioner shall not enter the jurisdiction of Hill Palace Police station until further orders, except for the purpose of complying with condition (b) above. (R. BASANT) Judge tm