IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 Bail Appl..No. 978 of 2008() ---------------------------- CRIME NO. 17/08 OF TANUR POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- FAISAL, S/O. KUNHIMON, AGED 20 YEARS, MOZHINHANTEPURAKKAL, CHEERANKADAPPURAM P.O., PUTHIYAKADAPPURAM, TANUR. BY ADV. SRI.SOJAN MICHEAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 978 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of February, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered for offences punishable, inter alia, under Section 376 I.P.C. It is the case of the defacto complainant that she was raped on two occasions by the petitioner. The crime has been registered. Investigation is in progress. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Even going by the statements of the alleged victim, she is above the age of consent and the sexual intercourses were without any compulsion and consensual sexual intercourses. In any view of the matter, the petitioner does not deserve to suffer the trauma of arrest and detention. He may be granted anticipatory bail, it is prayed. 3. The learned Prosecutor does not oppose the application. He has read over to me the portions of the case diary statements of the defacto complainant to explain why the State B.A.No. 978 of 2008 2 does not want to oppose the application. Appropriate conditions may be imposed to safeguard the interests of a fair and efficient investigation, submits the learned Prosecutor. 4. I am satisfied, in the facts and circumstances referred above, that directions under Section 438 Cr.P.C. can be issued in favour of the petitioner, subject to appropriate terms and conditions. In the absence of opposition, more detailed discussion of facts appear to me to be unnecessary. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 28.2.2008 at 11 a.m. The learned Magistrate shall release the petitioner 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. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on B.A.No. 978 of 2008 3 29.2.2007 and 1.3.2008. During this period the petitioner can be interrogated and all necessary steps in investigation, including the potency test can be conducted by the Investigating Officer. 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. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 28.2.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 28.2.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 28.2.2008. (R. BASANT) Judge tm B.A.No. 978 of 2008 4