IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 Bail Appl..No. 3973 of 2008() ----------------------------- CRMP.1652/2008 of D.C. & SESSIONS COURT,KOLLAM CRIME NO.196/08 OF EDAMON POLICE STATION PETITIONER/ACCUSED ----------------------------------- MUHAMMED MUSTHAFA, S/O. MUSTHAFA, ALAYIL VEEDU, THEVERKUNNIL, SATHRAM MUKKU, EDAMON VILLAGE. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, THENMALA POLICE STATION. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3973 of 2008 ----------------------------------------- Dated this the 24th day of June, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 376 of Indian Penal Code. The alleged victim was working as servant in the house of the petitioner and she was allegedly raped by the petitioner on several occasions, while his wife was not available in the house. The victim is aged 16 years. 3. Learned counsel for petitioner submitted that this is a falsely foisted case. The petitioner has not committed any offence. He is aged 85 years. According to him, the alleged victim left the house in April, 2008 and thereafter started working in another house. She and her mother thereafter made demands for money from the petitioner, which the petitioner was not willing to give. Thereafter, after two months, a false complaint has been filed against the petitioner. 4. Heard both sides. As per the allegations in the First Information Statement, rape was committed on the 16 year old girl and it is stated therein that there was penetration. But, as per the BA.3973/08 2 medical report dated 29.5.2008, the hymen was intact and vagina admits only tip of finger. The opinion is that there is no sign of sexual intercourse. There was no history of bleeding also during the sexual act. It is seen from the records that the alleged victim was examined in another hospital also on the same day on 3.30 pm and there was also an observation, “hymen intact, admits tip of finger”. 5. Learned Public Prosecutor submitted that as per the report dated 29.5.2008 at 3.30 pm issued from the SAT hospital, opinion is reserved waiting receipt of chemical analysis report. It appears vaginal swab was taken and sent for chemical analysis. But, it was taken long after two months of the alleged incident. Petitioner is in custody from 2.6.2008 onwards. 6. On hearing both sides, I am satisfied that bail can be granted to the petitioner. Hence, petitioner is granted bail on the following terms and conditions: i) Petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the court below. BA.3973/08 3 ii) Petitioner shall report before the investigating officer on every Monday between 10 AM and 1 PM until further orders. iii). Petitioner shall not leave the limits of the police station within which he is residing, except with the previous permission of the Magistrate Court concerned. iv) Petitioners shall not tamper with evidence or influence the witnesses or intimidate them or get involved in any offence of similar nature while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.