IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Bail Appl..No. 1293 of 2008() ----------------------------- CRIME NO. 56/08 OF VIYYUR POLICE STATION PETITIONER/ACCUSED: ------------------------------------ BABU, S/O. APPU, CHENNALLIPARAMBIL HOUSE, PATTORE DESOM, KUTTUR VILLAGE. BY ADV. SRI.P.K.ANIL RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. THE SUB INSPECTOR OF POLICE, VIYYUR POLICE STATION. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1293 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered under Section 376 I.P.C. The alleged incident took place on 17.1.2008. The petitioner has already been married twice. He has an estranged relationship with his present wife. He allegedly became friendly with the defacto complainant, a girl aged about 18 years, who resides along with her mother and who is employed as a salesgirl in a shop. 2. The crux of the allegations is that on 17.1.2008 the petitioner took the girl along with him in an autorikshaw to the house of his sister. That house was locked. The petitioner had obtained the keys from his sister. He and the defacto complainant went to the house, opened the door and were inside. There the unsuspecting victim/defacto complainant was allegedly pounced upon and was raped. Thereafter she was reluctant to return to her house. She went to Pollachi, from where they B.A.No. 1293 of 2008 2 originally hail from. Later, after two days she returned. She was found missing here and her mother was making frantic search for her. When she returned she told her mother what had happened. Thereupon she was taken to the police station and the present complaint was lodged. The petitioner was arrested on 23.1.2008 and he continues in custody from that date. The F.I.R. was lodged on 22.1.2008, the alleged incident having taken place on 17.1.2008. 3. The learned counsel for the petitioner submits that the petitioner is innocent. At any rate, reading between the lines, it must be possible for any prudent mind to conclude that it was not a case of rape and it was a consensual intercourse and the girl was speaking against the petitioner because of extraneous influence, he submits. 4. The learned Prosecutor opposes the application. He submits that the admitted version of the girl only shows that she, who was friendly with the petitioner, had accompanied him to the house of the relative, but the unsuspecting friend pounced upon her and rape was committed after they entered the house of his sister. 5. I have perused the case diary. At this early stage of investigation, I shall not embark on any detailed discussion on merit B.A.No. 1293 of 2008 3 about the acceptability of the allegations raised or the credibility of the data collected. Suffice it to say that on an anxious consideration of all the relevant inputs, I am persuaded to agree that it is not necessary to insist on the continued detention of the petitioner. Subject to appropriate conditions the petitioner can be enlarged on bail now. 6. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) He shall make himself 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) tm Judge B.A.No. 1293 of 2008 4