IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 Bail Appl..No. 2006 of 2008() ----------------------------- CRMP.2312/2008 of J.M.F.C.-I, PUNALUR CRIME NO.60/08 OF EROOR POLICE STATION .................... : PETITIONER --------------------------- SAJEEV ,S/O.SIVANANDAN, KAVAYYATHU VEEDU, KARIMPINKONAM, EROOR BY ADV. SRI.R.SURAJ KUMAR SMT. GEETHA P. MENON RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2006 of 2008 ---------------------------------------- Dated this the 2nd day of April 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered alleging offences punishable inter alia under Sections 376 and 3(i)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The victim is a girl aged 16 years. Surprisingly crucial information has not forthcoming whether she has already completed 16 years or not. The fact remains that there is a consistent statement that she is 16 years old. 2. The alleged incident of rape took place on 6/8/2007 and thereafter. The victim and the petitioner were allegedly in love. They had consensual sexual intercourse on a couple of occasion; but it is alleged that such intercourse was on the promise that the petitioner shall marry the victim. She became pregnant and when the fact was noticed, she and her people wanted the petitioner to marry her. He was not prepared to marry her, he having already got married. It is, in these circumstances, that the present allegations of rape are raised long later in 2008. The petitioner surrendered on 3/3/2008. He B.A.No.2006/08 2 continues in custody from that date. Investigation is not complete. Final report has not been filed. 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 to which brief reference has already made that regular bail can be granted to the petitioner who remains in custody from 3/3/2008 subject to appropriate conditions. 3. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: i) He shall execute 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 12 noon on all Mondays and Fridays, for a period of two months and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No.2006/08 3 B.A.No.2006/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007