IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Bail Appl..No. 1177 of 2008() ----------------------------- CMP.1232/2008 of J.M.F.C.-I,NEDUMANGAD CRIME NO.56/08 OF PALODE POLICE STATION .................... : PETITIONER/ACCUSED ----------------------------------- THULASIDHARAN, S/O. KUNJUKRISHNAN, THUSHAD BHAVAN, MEENMUTTI, ANADU MURI, PALODE VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.G.RAJESH (DIWAN) RESPONDENTS: STATE ------------------ 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 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1177 of 2008 ------------------------------------- Dated this the 29th day of February, 2008 ORDER Application for regular bail. Petitioner faces allegations in a crime registered under Section 376 I.P.C. The petitioner is a married person aged about 40 years with two children. The alleged victim of the rape is a girl aged about 20 years, the daughter of a neighbour of the petitioner. The petitioner and the parents of the girl were allegedly on inimical terms. On some day in September, 2007, it is alleged that the petitioner went to the house of the victim and had sexual intercourse with her without her consent and against her will. That was the first instance. There were several other later instances of such sexual intercourse. It is alleged that on the first occasion, the girl had resisted, but subsequently such resistance was also not admittedly there. The marriage of the girl took place on 28.01.08. She was taken to her matrimonial home. She showed signs of pregnancy at the matrimonial home. It dawned on them that the girl could not have been pregnant through her husband. She was interrogated. She was sent back to her house. It is thereafter that the present allegations have been raised. Crime was registered. Investigation commenced. The petitioner continues in custody from 12.02.08. B.A.No.1177 of 2008 2 2. The learned counsel for the petitioner totally denies all the allegations raised, but submits that even if the entire allegations were accepted, the girl who was major and far above the age of consent cannot in the facts and circumstances be assumed to have not consented to the sexual intercourse. In these circumstances the counsel prays that the petitioner may, at any rate, be granted regular bail. 3. After discussions at the Bar, the learned Public Prosecutor also does not oppose the application. The learned Public Prosecutor only submits that appropriate conditions may be imposed. 4. I am satisfied in the facts and circumstances narrated above that regular bail can be granted to the petitioner subject of course to appropriate conditions to be imposed in the interests of a fair, efficient and expeditious investigation. I5. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner 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; B.A.No.1177 of 2008 3 ii) 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 and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-