IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Crl.MC.No. 301 of 2008() ------------------------ CRIME NO. 319/2005 of CHELAKKARA POLICE STATION LP.105/2006 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... PETITIONER: ACCUSED -------------------------- SALIM, S/O. MUHAMMEDKUTTY, MUHARIKKUNNATHU HOUSE, MUHARIKKUNNATHU DESOM, CHELAKKARA VILLAGE, THALAPPILLY TALUK. BY ADV. SRI.K.B.MOHANDAS SRI.LELLULAL T.G.THUNDATHIL SRI.M.R.DHANIL RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. SHAJITHA, D/O. HAMZA, CHOZHIYANKUNNATHU HOUSE, PALLAM DESOM, DESAMANGALAM VILLAGE, TALAPPILLY TALUK. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 301 of 2008 ========================== Dated this the 4th day of February, 2008. O R D E R The petitioner, who is the sole accused in Crime No. 319/2005 of Chelakkara Police Station for an offence punishable under Section 376 IPC and whose case is now pending before the Judicial First Class Magistrate, Wadakkancherry as L.P.No. 105/2006 in C.P.No. 20/2006, seeks a direction to quash the proceedings and to release him on bail. 2. The petitioner is the brother of the de facto complainant's husband. The marriage between the de facto complainant and her husband took place in the year 1997 and her husband was abroad. Alleging that the petitioner promised to marry her and to look after her and that she had been living with the petitioner herein for nearly six months and thereafter the petitioner started ill-treating her, the de facto complainant had lodged a complaint on 20.08.2005 against the petitioner herein, her husband and other members of the her husband's family for an offence punishable under Section 498 A IPC. It is during the CRL. M.C. NO. 301/2008 : 2: period when she was allegedly cohabiting with the petitioner herein that she alleges that she was raped by the petitioner on 26.02.2004 and the complaint in the present case was lodged on 24.10.2005. According to the petitioner, the matter has since been settled between the parties also. It is on account of the pendency of the non-bailable warrants of arrest against the petitioner that he has approached this Court claiming the above reliefs. In view of the aforesaid circumstances, I am inclined to permit the petitioner to surrender before the trial Court and file an application for regular bail within two weeks from today. In case the petitioner complies with the above condition, he shall be released on bail on appropriate conditions. He shall also be permitted to plead for a discharge in the light of the submission made on his behalf that the matter has since been squared up between the parties. This Crl. M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 301/2008 : 3: