IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Bail Appl..No. 1218 of 2008() ----------------------------- CRMP.669/2008 of J.M.F.C.-II, CHERTHALA CRIME 64/08 OF AROOR POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- VINESH, AGED 22 YEARS, S/O.MURALI, RESIDING AT KATTUPARAMBIL HOUSE, CHUNDAMKUZHI COLONY, VADAKKEPUNNAMATTATH, KOTHAMANGALAM TALUK, PAINGOTTUR PANCHAYATH. BY ADV. SRI.A.T.ANILKUMAR SRI.P.DALBI EMMANUEL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY THE EXCISE INSPECTOR, AROOR POLICE STATION, IN CRIME NO.64/2008. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1218 OF 2008 B ```````````````````````````````````````````````````` Dated this the 28th day of February, 2008 O R D E R Application for regular bail. Petitioner, a young man aged about 22 years, faces allegations for offences of theft, rape, abduction, etc. The crux of the allegations is that the de facto complainant had employed a girl, whose date of birth is 15.12.1991. While she was in employment of the de facto complainant, she was found missing. Cash, ornaments, etc. which were available in the house of the de facto complainant were also found missing. A crime was registered under the caption “woman missing”. It turned out that the said girl and the petitioner had gone together. The ornaments, cash, etc., which the said girl took away from the house, were sold/utilised to purchase a scooter for the petitioner. The girl and the petitioner, after so eloping, had also indulged in sexual activity. 2. Investigation is in progress. Both the petitioner and the said girl had come back and surrendered on 6.2.08. The BA.1218/08 : 2 : petitioner was arrested and he continues in custody. The girl being a minor is proceeded against separately, it is submitted. 3. The learned counsel for the petitioner submits that even if the entire allegations were accepted, the petitioner is not guilty of any offence. The allegations of rape, etc. have been raised unnecessarily against the petitioner. Even admittedly it was a case of consensual sexual intercourse. The alleged victim has no grievance. She has crossed the age of consent also. In these circumstances, the investigator now does not press the allegation of rape. 4. The learned counsel for the petitioner submits that even about the allegation of theft, the petitioner had no culpable responsibility. He had not committed the crime at all. He has no role took play in the alleged commission of theft by the said girl. In these circumstances, the petitioner, who has remained in custody from 6.2.08, may be enlarged on bail, it is prayed. 5. The learned Public Prosecutor refutes the contentions raised and submits that the State has no objection BA.1218/08 : 3 : against grant of regular bail to the petitioner, who has remained in custody from 6.2.08, subject to appropriate conditions. I am satisfied, in these circumstances, that the petitioner can now be enlarged on bail. 6. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: i) The petitioner 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 three months from the date of his release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks