IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Bail Appl..No. 2792 of 2010() ----------------------------- (CRIME No.78/2010 OF THE MEENANGADI POLICE STATION, WAYANAD DISTRICT) PETITIONER/: ACCUSED --------------------------- PRAJITH.P.N, S/O. NARAYANAN NAIR, PRASANNA NIVAS, MUTTIL.P.O, NENMANI, VAITHIRI, WAYANAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT: STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MEENANGADI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31 PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J ---------------------- B.A.No.2792 OF 2010 ----------------------------------- Dated this the 21st day of May, 2010 O R D E R This is a petition for anticipatory bail. 2. Thealleged offences are under section 376 and 506 (i) of IPC. According to prosecution, petitioner committed rape on the defacto complainant and also criminally intimidate her. 3. Learned counsel for petitioner submitted that defacto complainant is aged 43 years and she is married and she has a child also. Six years after her marriage, her husband found out on the basis of some medical reports that he cannot have children. Hence, enquiry was made relating to the birth of the child to defacto complainant and she told him that she was highly raped by the petitioner in this case. This is a belated disclosure. 4. A private complainant was filed by defacto complainant, it was forwarded to the police and a crime was B.A. No.2792/10 2 registered. The defacto complainant also alleged that petitioner committed rape on her on more than one occasion about three or four times. But she had not made any complaint to anybody untill it was revealed that her husband was impotent, it is submitted. This is a false case it is submitted. 4. Learned public prosecutor submitted that the petitioner may be directed to surrender before the investigating officer for completing the investigation, conducting his potency test etc. 5. On hearing both sides and on considering the facts and circumstances of the case, find that a direction can be given to the petitioner to surrender before the investigating officer and co-operate with the investigation and subject to that bail can be granted. 6. In the result, following order is passed: Petitioner shall surrender before the investigating officer within seven days from today and co-operate with the investigation. B.A. No.2792/10 3 Petitioner shall in the event of arrest, be released on bail on his executing a bond for Rs.25,000/- with two solvent securities each for the like amount to the satisfaction of the arresting officer on the following condition: i) Petitioner shall report before the investigating officer between 10 am and 1 pm on every Monday and Thursday. ii) Petitioner shall not intimidate or influence any witness or tamper with evidence. iii) Petitioner shall not enter the limits of Police station, except for compliance of condition No.1 This petition is allowed. K. HEMA, JUDGE. Sou.