IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1765 of 2008() ----------------------------- CRIME NO.160 OF 2008 OF KOTTAYAM EAST POLICE STATION : PETITIONER/ACCUSED ----------------------------------- JITHIN GOVIND, AGED 22 YEARS, S/O.P.T.GOVINDAN, THULASI HOUSE, KOYILANDI TALUK, P.O.KONDANNUR, (VIA) ATHOLI, KOZHIKODE DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENTS: COMPLAINANT/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 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1765 of 2008 ------------------------------------- Dated this the 25th day of March, 2008 ORDER Application for anticipatory bail. Petitioner faces allegations in a crime registered alleging offences punishable under Section 376 I.P.C. Crime is now registered as Crime 160 of 2008 of Kottayam East Police Station. The defacto complainant/victim is a woman, aged about 20 years. She is a supporting film actress. She allegedly became friendly with the petitioner herein, a young man, aged about 23 years at one of the shooting locations. They became friendly. They had sexual intercourses. She was impregnated. The pregnancy was aborted. There was an agreement to marry her. Later, the petitioner is alleged to have breached the promise to marry. At that stage, the defacto complainant raised an allegation that all sexual intercourses earlier were not with her free consent and that they amount to the offence of rape. The complaint has been filed. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I B.A.No.1765 of 2008 2 am satisfied, in the facts and circumstances of this case, that the petitioner can be granted anticipatory bail subject of course to appropriate conditions. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 3. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 01.04.2008. He shall be enlarged on regular bail on his executing 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; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 1 p.m on 02.04.2008 and 03.04.2008. During this period, the Investigating Officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps the proper conduct of the investigation including the conduct of potency test. Thereafter the petitioner shall make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so; B.A.No.1765 of 2008 3 iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law as if those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 01.04.08 as directed in clause (1) above, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) without any sureties undertaking to appear before the learned Magistrate on 01.04.08. (R.BASANT, JUDGE) rtr/-