IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 Bail Appl..No. 8302 of 2011() ----------------------------- CRIME NO.655 OF 2011 OF OTTAPALAM POLICE STATION, PALAKKAD DISTRICT. .................... APPLICANT/ACCUSED ------------------------------ SUVEER, AGED 21 YEARS, S/O.SUNEERA,MUTHARAMKUNATH VEEDU, PALAT ROAD, NEAR CHINMAYA MISSION, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.V.A.JOHNSON (VARIKKAPPALLIL) SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP.BY THE S.I.OF POLICE, OTTAPALAM POLICE STATION. BY P.P.SMT.R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX (BA NO.8302/2011) PETITIONER'S EXHIBITS ANNEXURE A:- TRUE COPY OF THE WRIT PETITION (C)NO.25511/2011 FILED ON 23.09.2011 OF THIS HON'BLE COURT. ' ANNEXURE B:- TRUE COPY OF THE LETTER WRITTEN BY AJITHA TO THE PETITIONER FORM THE JUVENILE JUSTICE HOME AT PALAKKAD ANNEXURE C:- TRUE COPY OF THE ORDER IN CRMP.NO.2894/2011 OF THE COURT OF SESSION, PALAKKAD DIVISIN DATED 27.09.2011. N.K.BALAKRISHNAN, J. ---------------------------------------------------- B.A.No.8302 of 2011 ---------------------------------------------------- Dated this the 17th day of October, 2011 Order The applicant is the accused in Crime No.655 of 2011 of Ottappalam Police Station. The crime was registered alleging commission of offence under Section 376 IPC. The victim girl was produced before the Child Welfare Committee in the Juvenile Justice Home at Palakkad. It is stated that the father and mother of the victim were called to the police station. It seems they were not ready to take back the girl. The crime was registered at the behest of the Child Welfare Committee, it is alleged. It was alleged that on examination, the girl was found to be pregnant by three months. The petitioner's counsel and the Public Prosecutor would submit that the date of birth of the girl is 30.12.1994. If so, according to the learned counsel for the petitioner, she must have completed 16 years and going by the allegation/statement given by the victim girl, the sexual intercourse was had with her consent. It is not necessary to probe deep into those aspects at present. All those aspects may have to be dealt with at the time B.A.8302/11 2 of framing charge or trial. 2. The petitioner has not surrendered before the police or before the learned Magistrate so far. This application is for pre- arrest bail. The offence charged against him is under Section 376 IPC. Hence, the following directions are issued: The petitioner will surrender before the investigating officer within 7 days from this date; after questioning the accused, he shall be produced before the jurisdictional Magistrate. If a bail application is filed before the learned Magistrate, it will be disposed of by the learned Magistrate on the same day itself. But it is made clear that this court has not expressed any opinion or has given any indication as to the nature of the order to be passed on the bail application. The Bail Application is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd B.A.8302/11 3 B.A.8302/11 4