IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Bail Appl..No. 7956 of 2007() ----------------------------- CRIME NO. 385/07 OF POOJAPPURA POLICE STATION PETITIONER --------------------------- JIYAD P.G., S/O.ABDUL GAFOOR, R.K.PILLA ROAD, COCHIN. BY ADV. SRI.B.N.SHIVSANKAR RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE, POOJAPPURA POLICE STATION, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR SRI.C.ANILKUMAR (KALLESSERIL) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 7956 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of January, 2008 O R D E R Application for anticipatory bail. The petitioner apprehends arrest in a crime registered alleging commission of the offences punishable under Sections 376 and 406 I.P.C. The crux of the allegations is that the defacto complainant had consensual sexual intercourse with the petitioner herein. There was agreement to marry. The petitioner and the defacto complainant were taken to some person, who narrated some Urdu words under the pretext that he was performing the marriage between the petitioner and the defacto complainant. Before and later, the petitioner and the defacto complainant had allegedly indulged in sexual intercourses. But later, the petitioner has shown reluctance to marry the defacto complainant. It is in these circumstances that the defacto complainant lodged a private complaint, which the learned Magistrate forwarded to the police under Section 156(3) Cr.P.C. B.A.No. 7956 of 2007 2 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. False and fanciful allegations are being raised. The defacto complainant is an employed woman aged about 23 years. Consensual sexual intercourse had admittedly taken place and the attempt now is only to vex and harass the petitioner and to compel him to yield through unreasonable demands. 3. The learned Prosecutor does not oppose the application. The defacto complainant has entered appearance through a counsel with a request that she may be impleaded. The counsel was permitted to advance arguments. The learned counsel submits that the defacto complainant has no interest in opposing the application. 4. I am satisfied, in the facts and circumstances referred above, that directions under Section 438 Cr.P.C. can be issued in favour of the petitioner, subject to appropriate terms and conditions. In the absence of opposition from any quarter, it is not necessary for me to advert to facts in any greater detail in this order. 5. In the result: (1) This application is allowed. B.A.No. 7956 of 2007 3 (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 14.1.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes 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. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 15.1.2008 and 16.1.2008. During this period the petitioner can be interrogated and all necessary steps in investigation, including the potency test can be conducted by the Investigating Officer. Thereafter he shall appear before the Investigating Officer 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. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse B.A.No. 7956 of 2007 4 on 14.1.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 14.1.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 14.1.2008. (R. BASANT) Judge tm