IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Bail Appl..No. 2674 of 2008() ------------------------------------------ (CRIME NO.76/08 OF SREEKRISHNAPURAM POLICE STATION) PETITIONER: ACCUSED NO.1: --------------------------------------------- THANKAMMA JOHNSON, AGED 45 YEARS, W/O.JOHNSON, PUTHUVEETTIL VEEDU, MANGALAMKUNNU P.O.,SREEKRISHNAPURAM, PALGHAT. BY ADV. SRI.MANSOOR.B.H. RESPONDENT: COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/04/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ B.A.No.2674 of 2008 ------------------------------------- Dated this the 29th day of April, 2008 ORDER Application for anticipatory bail. Petitioner, a woman, faces allegations in a crime registered under Section 376 I.P.C. The crime was registered on the basis of a private complaint filed by the defacto complainant. The crux of the allegations is that the petitioner facilitated the commission of the offence of rape by the 2nd accused on the defacto complainant. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not seriously oppose the said prayer and I am satisfied that the petitioner can be granted anticipatory bail. I have been taken through the allegations in the private complaint filed. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. Appropriate conditions can of course be imposed. 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 06.05.2008. She shall be enlarged on regular bail on her 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; B.A.No.2674 of 2008 2 ii) The petitioner shall make herself available for interrogation before the Investigating Officer between 10 a.m and 3 p.m on 07.05.2008 and 08.05.2008. During this period, the Investigating Officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation including the conduct of a potency test. Thereafter the petitioner shall make herself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so; 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 her in accordance with law as if those directions were not issued at all; iv) If the petitioner were arrested prior to her surrender on 06.05.08 as directed in clause (1) above, she shall be released from custody on her executing a bond for Rs.50,000/- (Rupees Fifty thousand only) without any sureties undertaking to appear before the learned Magistrate on 06.05.08. (R.BASANT, JUDGE) rtr/-