IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 Bail Appl..No. 7457 of 2008(B) -------------------------------------- CMP.14388/2008 of J.M.F.C.-II, NEYYATTINKARA CRIME NO.171/2008 OF POZHIYOOR POLICE STATION .................... PETITIONER/ACCUSED : ----------------------------- SURESH KUMAR, S/O.SACKARIAS, KAVU VILA SUJITHA BHAVAN, POZHIYOOR DESOM, KULATHOOR VILLAGE, NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7457 OF 2008 ------------------------------ Dated this the 9th day of December, 2008 O R D E R This petition is for bail. 2. According to prosecution, petitioner and defacto complainant's daughter were in love with each other and on 16.11.2008, she was found missing from the house. Believing that she would have been taken away by petitioner, a complaint was lodged by her mother before the police. She also alleged that petitioner had taken away the alleged victim 5 months back and they were taken to the Kovalam police station and released. Thereafter, alleged victim was found missing again and she was traced out from the house of one of her friends. On questioning her, it was revealed that petitioner had committed rape on her and that he was not willing to marry her. 3. Learned counsel for petitioner submitted that the allegations are absolutely false. The petitioner and defacto complainant's daughter were in love with each other and they had decided to marry also. But the petitioner is working B.A.7457 of 2008 2 abroad and hence family members of both parties had agreed that the marriage could be solemnised after the marriage of the petitioner's sister, who is aged 23 years. The defacto complainant's daughter is only 19 years of age. Even now, the petitioner is prepared to marry her, it is submitted. 4. It is also submitted that the Circle Inspector wanted petitioner to marry defacto complainant's daughter immediately and he insisted that the marriage should be solemnised before he left for abroad. The petitioner explained his position to the Circle Inspector and promised that he would marry, after the marriage of his sister. But the Circle Inspector pressurised him to marry the defacto complainant's daughter immediately and since he was not willing to do it immediately, he was manhandled at the police station. These facts were stated to learned Magistrate at the time when he was produced before court on 22.11.2008, as evidenced by Annexure B. 5. The alleged victim is aged 19 years and the petitioner has not committed anything against her will or without her consent, it is submitted. She had gone to her friend's house, B.A.7457 of 2008 3 since there was some difference of opinion between herself and the family members and admittedly, the police had traced out the girl from the house of the victim's friend, it is submitted. 6. This petition is opposed. Learned Public Prosecutor submitted that the petitioner had made calls to the defacto complainant and she accordingly went to her friend's house and from there, she was taken to a lodge in a car by petitioner, from the lodge, she was subjected to rape. It is also submitted that the petitioner is not willing to marry the defacto complainant and hence it is not a fit case to grant bail at this stage, it is submitted. On hearing both sides and on going through the documents, particularly the statement given by the friend of the victim, from whose house the alleged victim was traced out and also the statement of the alleged victim, I find that bail can be granted to the petitioner especially in the light of the submissions made by the learned counsel for petitioner. I do not think any further detention of the petitioner will be necessary in this case. B.A.7457 of 2008 4 Hence, bail is granted to the petitioner on the following terms and conditions : (i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Magistrate court concerned. (ii) Petitioner shall report before Investigating Officer as and when directed. (iii) Petitioner shall not influence or intimidate any witness or commit any offence while on bail. (iv) If the petitioner intends to leave India, it shall be done only with previous permission of the leanred Magistrate. The petition is allowed. K.HEMA, JUDGE pac