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. 8041 of 2007() ----------------------------- CRMP.4382/2007 of I ADDL. DISTRICT COURT, PALAKKAD CRIME 310/07 OF NEMMARA POLICE STATION .................... PETITIONER/ ACCUSED: ------------------------- RAMESH, AGED 31 YEARS, S/O.KRISHNAN, POOLAKKAL PARAMBU, KAYARADI, PALAKKAD DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, NEMMARA POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE 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. 8041 OF 2007 A ```````````````````````````````````````````````````` Dated this the 4th day of January, 2008 O R D E R Application for anticipatory bail. Petitioner faces allegations for offences punishable under Section 376 IPC. The alleged victim is a cousin of the petitioner(petitioner's father's brother's daughter). The F.I.Statement was lodged on 29.11.07. It is stated in the F.I.Statement that for a long time the petitioner had been tormenting the de facto complainant. It is specifically alleged that for about 9 years such harassment had continued. It is further stated specifically that the first sexual intercourse took place in 2005. The petitioner had long last chosen to complain now. She was afraid to complain earlier. Her mother had committed suicide on coming to know of these events. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. In fact, the petitioner and BA.8041/07 : 2 : the alleged victim were in love. False and vexatious allegations are now being raised of alleged harassment and rape. In any view of the matter, the de facto complainant had been indulging in sexual intercourse with the petitioner for a long period. She never complained of such incidents and hence, now she cannot raise allegation of an offence of rape, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the application for anticipatory bail. The learned Public Prosecutor had brought to my notice the statements in the case diary of the father and brother of the de facto complainant also. I shall not embark on a detailed discussion on the acceptability of the allegations or the credibility of the data collected. I am satisfied that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of BA.8041/07 : 3 : the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 11.1.08. He shall be released 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. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 5 p.m on 14.1.2008 and 15.1.2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation including the conduct of potency test. Thereafter, he shall appear before the investigating officer on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months and subsequently as and when directed by the investigating officer in writing to do so. BA.8041/07 : 4 : (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 11.1.08, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 11.1.08. (R.BASANT, JUDGE) aks