IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 4TH OCTOBER 2007 / 12TH ASWINA 1929 Bail Appl..No. 6005 of 2007() ----------------------------- CMP.4542/2007 of J.M.F.C.-III,THRISSUR CRIME NO.591/07 OF THE PEECHI POLICE STATION .................... : PETITIONER/PETITIONER/ACCUSED ---------------------------------------------- SEBASTIAN K.J., PASTOR, KANDATHIL HOUSE, PEEDIKAPARAMBIL DESOM, OLLUKKARA VILLAGE, THRISSUR TALUK. BY ADV. SRI.DILIP J. AKKARA RESPONDENTS: RESPONDENT/STATE ----------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. -------------------------------------------- B.A. NO. 6005 of 2007 -------------------------------------------- Dated this the 4th day of September, 2007 ORDER Application for regular bail. The petitioner – a Pastor, faces allegations for offences punishable, inter alia, under Secs.376 and 406 of the IPC. The crux of the allegations against the petitioner is that the de facto complainant – a widow, was induced to have sexual relationship with the petitioner on 6/11/06 and on 8 later occasions. Such sexual intercourses were not consensual sexual intercourses; but the consent of the petitioner was extracted under threat and duress. The victim had wanted a loan to be availed. The petitioner had exploited his position and had indulged in the alleged sexual relationship. The series of rapes commenced on 6/11/06. A complaint was filed long later on 13/9/07. The petitioner was arrested on 21/9/07. He continues in custody from that date. 2. The learned counsel for the petitioner prays, the B.A. NO. 6005 of 2007 -: 2 :- learned Public Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances to which I have made a brief reference above, that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result: (a) The application is allowed. (b) The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall execute a bond for Rs.50,000/- 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 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) Nan/