IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 Bail Appl..No. 4559 of 2010() ----------------------------------------- (CRIME NO.384/2010 OF CHAKKARAKKAL POLICE STATION,KANNUR DIST.) PETITIONER/ACCUSED: ------------------------------------- KALATHERA SUNIL SURENDRAN, S/O.SURENDRAN, 21 YEARS, KALATHERA HOUSE, PAPPINISSERI AMSOM, KANNUR TALUK, KANNUR DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT RESPONDENT(S): STATE & COMPLAINANT: ------------------------------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE CHAKKARAKKAL POLICE STATION, THALASSERY, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. P.VARSHA, D/O.SHYMA, POONJEN HOUSE, P.O.CHATTUKAPARA, MANIYOOR, KANNUR DISTRICT. 3. SHYMA P., W/O.K.SURENDRAN, AGED 30, POONJEN HOUSE, CHATTUKAPARA, MANIYOOR, KANNUR DISTRICT. 4. KUNIYIL SURENDRAN, S/O.BALAN PANIKER, AGED 39, POONJEN HOUSE, CHATTUKAPARA, MANIYOOR, KANNUR DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------ B.A. No. 4559 of 2010 ------------------------------------ Dated this the 30th day of July, 2010 O R D E R Petition for bail. 2. The alleged offence is under Section 376 of the Indian Penal Code. According to prosecution, petitioner committed rape on a girl aged 14 years on 21.06.2010. 3. Learned counsel for petitioner submitted that petitioner and the de facto complainant were in love with each other and on 21.06.2010, she came to petitioner's house. De facto complainant's uncle came to petitioner's house and took the girl to police station. Petitioner was arrested on the very next day on 23.06.2010 and he is in custody for the past 35 days. 4. Both families have decided to conduct the marriage between petitioner and de facto complainant, after the girl attains majority and an agreement was also executed. Learned Magistrate has permitted petitioner to sign in the agreement and accordingly, he sign the agreement from the jail. The agreement is produced in this case. 5. Learned Public Prosecutor submitted that taking into consideration, the peculiar facts and circumstances of the B.A. No. 4559 / 2010 2 case, he has no objection in granting bail, but stringent conditions may be imposed, it is submitted. 6. On hearing both sides, I am satisfied that bail can be granted to petitioner on conditions. Hence, the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned on the following conditions: i) Petitioner shall report before the Investigating Officer on every Sunday, between 10 A.M. and 1 P.M. ii) Petitioner shall not influence or intimidate any witness or tamper with the evidence. This petition is allowed. K. HEMA, JUDGE ln