IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Bail Appl..No. 8121 of 2007() ----------------------------- CRIME NO.1/06 OF MURIKKASSERY POLICE STATION : PETITIONER/ACCUSED: ------------------------------------ LEO.V.GEORGE, S/O.GEORGE, T.C.34/1092, VELLUKKUNNEL, MURIKKASSERY P.O., IDUKKI DISTRICT. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.DELVIN JACOB MATHEWS SRI.SUJESH MENON V.B. RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.8121 of 2007 ------------------------------------- Dated this the 18th day of January, 2008 ORDER Application for anticipatory bail. Petitioner faces allegations in a crime registered alleging offences punishable under Sections 376 and 366 I.P.C. The petitioner is the sole accused in that crime. The defacto complainant was a maid working in the house of the petitioner to help his mother in domestic chores. The defacto complainant/victim is a neighbour of the petitioner also. The victim is a woman aged more than 21 years. The crux of the allegations is that the petitioner and the victim had sexual intercourse on several occasions. She gave birth to a child on 24.12.05. The complaint was filed when she was admitted for delivery in the hospital. Investigation is in progress. The petitioner has not been arrested yet. He apprehends imminent arrest. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied in the facts and circumstances of this case that anticipatory bail can be granted to the petitioner subject to B.A.No.8121 of 2007 2 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. 3. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 25.01.2008. He shall be enlarged on regular bail on his executing 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 1 p.m on 28.01.2008 and 29.01.2008. During this the Investigating Officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the conduct of a proper investigation. Thereafter 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 one month. Subsequently the petitioner shall make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so; B.A.No.8121 of 2007 3 iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law as if those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 25.01.08 as directed in clause (1) above, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) without any sureties undertaking to appear before the learned Magistrate on 25.01.08. (R.BASANT, JUDGE) rtr/-