IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Bail Appl..No. 6680 of 2008() ----------------------------- CMP.3104/2008 of C.J.M., KALEPETTA CRIME NO. 193/2008 OF MEPPADI POLICE STATION PETITIONER/ACCUSED -------------------------------------- K.P.PRASAD, S/O.SREEDHARAN NAIR, 30 YEARS, KALATHINGAL HOUSE, CHITHRAGIRI, MEPPADI, MOOPAINADU AMSOM. BY ADV. SRI.A.C.DEVY RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6680 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of November,2008 O R D E R Petition for bail. 2. The alleged offences are under sections 376 IPC and 3 (2)(V) of Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act. According to prosecution, petitioner committed rape on a tribal woman aged 25 years and she became pregnant in the relationship. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. He was arrested on 29-9-2008 and he is in custody for the past 45 days. Petitioner is prepared to undergo D.N.A. test and if it is revealed that he is the father of the child as per the report of D.N.A. test, he is prepared even to maintain the child but he may not be detained in further custody, it is submitted. 4. On hearing both sides, in the light of the submission made that petitioner is even prepared to own the paternity, if it is proved by D.N.A. test and also to maintain the child, I think there will be no point in detaining petitioner in further custody, taking into consideration the stage of investigation. 5. Learned Public Prosecutor submitted that he has no objection in granting bail on conditions. BA 6680/08 -2- 6. Hence, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate, on the following conditions:- 1) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. 2) Petitioner shall not enter the limits of the police station within which the crime is registered except for compliance of direction in condition (1). 3) Petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.