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. 4013 of 2008() ----------------------------- (CRIMENO.323/08 OF KONDOTTY POLICE STATION) PETITIONER --------------------- MUSTHAFA SADIQ, S/O. MUHAMMED HANEEFA PUTHUVEETTIL HOUSE, KADAPAPURAM, CHAVAKKAD. BY ADV. SRI.P.VIJAYA BHANU SMT.P.MAYA RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM,REPRESENTING THE S.I.OF POLICE KONDOTTY POLICE STATION. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUAMR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------ Bail Appl.No. 4013 of 2008 ------------------------------------------ Dated this the 24th day of June, 2008. ORDER Petition for bail. 2. The alleged offences are under Sections 109 and 376 of IPC. According to prosecution, a girl aged 18 years was allegedly raped by the petitioner on the promise to marry her. The petitioner was arrested on 30.5.2008and he is in custody since then. 3. Learned counsel for the petitioner pointed out that, as per the allegations in the First Information Statement, the alleged victim was in the habit of missing from the house on several occasions and hoping that she would return, the mother did not make any enquiry in the beginning. Later, she filed an F.I. Statement, on the basis of which a crime was registered under the caption 'woman missing'. Thereafter, the alleged victim was traced out and she was produced before the Magistrate court. She then gave a statement to the learned Magistrate alleging commission of rape. She stated that rape was committed without her consent and by force and therefore the learned Magistrate directed that investigation to be conducted into those allegations and the said statement was forwarded to the police. 4. Thereafter, on investigation it was found that the girl had agreed to have sexual act believing the promise that the petitioner would marry her. It is also pointed out learned counsel for the [B.A.4013/08] 2 petitioner that, as per the allegations in the F.I. Statement, the alleged victim was having an affair with an autorickshaw driver and she had gone with that person also. 4. The petitioner has been in custody since 30.5.2008 onwards. The investigation is almost complete, it is submitted by learned Public Prosecutor. 5. On hearing both sides, I am satisfied that further detention of the petitioner may not be required for the purpose of investigation and he can be granted bail on suitable conditions. Hence, petitioner is granted bail on the following terms and conditions: i) Petitioner shall execute a bond for Rs.50,000/- each with two solvent sureties each for the like sum to the satisfaction of the Magistrate court concerned. 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 the crime is registered except with the prior permission of the learned Magistrate. iv) Petitioners shall not influence, threaten or intimidate any witnesses and in case of breach of this condition, bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Krs.