IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Bail Appl..No. 5982 of 2008() ----------------------------- (CRIME NO.298/2008 OF ATTINGAL POLICE STATION) PETITIONER/ACCUSED -------------------------------------- VIJAYAN, S/O.NARAYANAN, HAVING PERMANENT RESIDENCE AT PULLARATHALA PUTHEN VEEDU, VADAKKODE DESOM, PERUMPAZHUTHOOR VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM AND PRESENTLY RESIDING AT "MANGULA",POZHIKKARA ROAD, PARAVOOR, KOLLAM. BY ADV. SRI.G.P.SHINOD RESPONDENT(S): COMPLAINANT STATE AND INVESTIGATING OFFICER, ----------------------------------------------------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------------- Bail Appl.No.5982 of 2008 -------------------------------------------------- Dated this the 26th day of September, 2008. ORDER Petition for bail. 2. The alleged offence is under Section 376 of the Indian Penal Code. According to prosecution, the petitioner who was working as Sub Inspector, had allegedly committed rape of a woman, who had come to the Police Station in connection with a complaint given by her after persuading her to go to his quarters. 3. Learned counsel for the petitioner submitted that anticipatory bail application filed by the petitioner was dismissed by tis Court and hence petitioner immediately surrendered before the investigating officer and co-operated with the investigation. He was arrested and produced before the Magistrate Court on 4.9.2008. He is in custody since 4.9.2008. It is submitted that petitioner is suspended from service. 4. Learned Public Prosecutor submitted that investigation is most over and he has no objection in granting bail to the petitioner. Hence, bail is granted to the petitioner on the following terms and conditions: [B.A.No.5982/08] 2 i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) Petitioner shall report before the Investigating Officer as and when directed. iii) Petitioner shall not influence or intimidate any witness or tamper with evidence and in case of breach of this condition, bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs.