IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Bail Appl..No. 248 of 2008() ---------------------------- CMP.1122/2007 of J.M.F.C.-I,NEDUMANGAD CRIME 481/07 OF PALODE POLICE STATION .................... PETITIONER/ACCUSED: ------------------------------------ SHINEJ @ KOCHUKUTTAN, S/O. MADHUSOODANAN KANI,OZHUKUPARA THADATHARIKATHU VEEDU, KARUMBINKALA, ANADU MURI, THENNUR VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 248 OF 2008 A ```````````````````````````````````````````````````` Dated this the 17th day of January, 2008 O R D E R Application for regular bail. Petitioner, a young man aged about 24 years, faces allegations in a crime registered alleging commission of the offence of rape punishable under Section 376 IPC. The alleged incident took place in December 2007. The girl was born on 5.2.1994. The age of the girl falls well short of the age of consent i.e., 16 years. It is alleged that the petitioner, who was allegedly in love with the girl, had sexual intercourse with her on a number of occasions with the promise to marry her. 2. With or without consent, the act alleged amounts to the offence of rape and I find no reason, in the facts and circumstances of the case, not to accept the allegations at present. 3. The learned counsel for the petitioner submits that BA.248/08 : 2 : the petitioner, who has remained in custody from 24.12.07, may now be granted regular bail. The learned Public Prosecutor prays that reasonable further time may be granted to the investigator to complete the investigation. 4. Having considered all the relevant circumstances, I am satisfied that the petitioner can be granted regular bail subject to the condition that the investigator gets reasonable further time to complete the investigation. 5. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: i) The petitioner shall not be released on bail on the strength of this order prior to 24.1.08. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) He shall execute 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. BA.248/08 : 3 : iii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays, for a period of two months from the date of his release and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) aks