IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Bail Appl..No. 291 of 2008(S) ----------------------------- CRIME NO.496/2007 OF ELOOR POLICE STATION .................... PETITIONER/1ST AND 3RD ACCUSED; ------------------------------------- 1. BHASKARAN, AGED 56 YEARS, POOVATHILPARAMBU HOUSE, ELOOR KIZHAKKUMBHAGOM, ELOOR. 2. RANKANATHAN, AGED 45 YEARS, LANE BUILDING OF HAJIAR, NEAR ESI HOSPITAL, ELOOR EAST KARA, ELOOR. BY ADV. SMT.K.V.RESHMI RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. S.I OF POLICE, ELOOR POLICE STATION. 2. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.291 of 2008 ---------------------------------------- Dated this the 18th day of January 2008 O R D E R Application for regular bail. The petitioners are accused in a crime registered for the offence punishable under Section 376 read with 34 I.P.C. A lady aged thirty years, who allegedly is mentally retarded and who had gone away from her mother because of some differences of opinion with the mother, was allegedly taken away and raped by three persons. The petitioners are two of such three persons, it is alleged. The alleged incident took place on 14/11/2007. In the course of investigation, the petitioners were arrested on 20/11/2007 and 21/11/2007. They continue in custody from that date. Investigation is not complete. Final report has not been filed yet. 2. The learned counsel for the petitioners submits that even if accepting the entire allegations, the intercourses in question could only have been consensual sexual intercourses. At any rate, the petitioners who have been remained in custody from 20/11/2007 and 21/11/2007 may now be enlarged on bail, submits the learned counsel for the petitioners. B.A.No.291/08 2 3. The learned Public Prosecutor does not oppose the application and having considered all the relevant inputs, I am satisfied that the petitioners can now be granted regular bail, subject to appropriate terms and conditions. 4. In the result, this petition is allowed. The petitioners shall be released on bail on the following terms and conditions: i) They shall execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays, for a period of two months and thereafter as and when directed by the investigating officer in writing to do so. (R.BASANT, JUDGE) jsr B.A.No.291/08 3 B.A.No.291/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007