IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 Bail Appl..No. 7873 of 2007() ----------------------------- CRIME NO. 471 OF 2007 OF PAZHAYANOOR POLICE STATION .................... PETITIONERS/5TH ACCUSED ---------------------------------------- SHAKKEER, AGED 21 YEARS, S/O.IBRAHIM, THAVALATHIL HOUSE, KODATHOOR, PAZHAYANOOR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SRI.SARITHA DAVID CHUNKATH SRI.A.SAMEER SRI.R.JAYACHANDRAN RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PAZHAYANOOR POLICE STATION, THRISSUR. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/01/2008, A/W. BA. 7902 OF 2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 7873 & 7902 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of January, 2008 O R D E R These applications are for regular bail. The petitioners face allegations in a crime registered initially under the caption 'woman missing'. Later separate crimes have been registered alleging the commission of the offence of rape punishable under Section 376 I.P.C. 2. The crux of the allegations against the petitioners is that they had consensual sexual intercourse with the alleged victim, a minor girl, admittedly aged above 16 years on the relevant dates on which she had sexual intercourses with the petitioners herein. 3. The learned Prosecutor submits that the prosecution takes the stand that such consensual sexual intercourses amount to offence of rape on the ground that the consent was procured on the promise that the various persons, who did have sexual intercourses, had promised to marry her. The petitioners continue in custody from 26.11.2007. B.A.Nos. 7873 & 7902 of 2007 2 4. The learned counsel for the petitioners pray, the learned Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can now be directed to be enlarged on bail subject to appropriate terms and conditions. 5. In the result: 1) These applications are allowed. 2) The petitioners shall be released on bail on the following terms and conditions. (a) The petitioners shall execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) They shall make themselves available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm B.A.Nos. 7873 & 7902 of 2007 3