IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1784 of 2008() ----------------------------- CRMP.648/2008 of DISTRICT COURT, KASARAGOD CRIME NO.43/2008 OF BADIADKA POLICE STATION .................... : PETITIONER/ACCUSED ------------------------ ISMAIL, AGED 35 YEARS, S/O.LATE ABDULLAH R/AT PARAPPA HOUSE, P.O.MAIRE, ENMAKAJE VILLAGE KASARAGOD TALUK. BY ADV. SRI.K.ANAND RESPONDENTS: STATE & COMPLAINANT -------------------------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE BADIADKA POLICE STATION, KASARAGOD. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1784 of 2008 ---------------------------------------- Dated this the 24th day of March 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging the offences punishable under Section 376 I.P.C. The de facto complainant is a woman aged about 38 years. She has a strained relationship with her husband. She along with her child resides in a separate house. The child goes to the house of her brother in the night to sleep. The lady sleeps in that house alone. In June 2007 and thereafter on many days, the petitioner, a neighbour is alleged to have committed rape on the victim/woman. She allegedly became pregnant in that relationship. She did not reveal the fact of such rapes to anyone. Long later, when her sister-in-law detected that she was pregnant, she came out with the version that the pregnancy was the result of rape committed by the petitioner. She filed a private complaint before the learned Magistrate which was referred to the police by the learned Magistrate. Crime has been registered. Investigation is in progress. She was pregnant by about 37 weeks when the complaint was filed. The petitioner apprehends imminent arrest. B.A.No.1784/08 2 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Even accepting the entire allegations, there are no elements of a non-consensual sexual intercourse. In any view of the matter, the petitioner may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application. I reckon that as a fair and reasonable stand taken by the learned Public Prosecutor. I am satisfied that the petitioner can be granted anticipatory bail subject to appropriate conditions which shall ensure the interests of a fair and efficient investigation. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 31/03/2008. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five 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 B.A.No.1784/08 3 and 5 p.m on 01/04/2008 and 02/04/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime including the conduct of a DNA test. Thereafter the petitioner shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month and subsequently as and when directed by the investigating officer in writing to do so. (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 these directions were not issued at all. (iv) If he were arrested prior to 31/03/2008, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 31/03/2008. (R.BASANT, JUDGE) jsr B.A.No.1784/08 4 B.A.No.1784/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007