IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Bail Appl..No. 5 of 2008 -------------------------------- (IN CRIME NO. 168/2007 OF KARUVARAKUNDU POLICE STATION) .................... PETITIONER/ACCUSED ----------------------------------- CHANDRAN @ DASAN, AGED 32 YEARS, S/O. PERAKAN, ELANCHERIYIL HOUSE, PALAKKALVETTA, THIRUR. BY ADV. SRI.SOJAN MICHEAL RESPONDENTS: COMPLAINANT --------------------------------------------- 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 07/01/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of January, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations for offences punishable under Sections 448 and 376 I.P.C. The alleged incident took place on 25.5.2007. The petitioner, a married person, is alleged to have trespassed into the residential building of the defacto complainant and committed rape on her. She became pregnant in such relationship. Long later she lodged a complaint on 14.12.2007. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that even if the entire allegations were accepted in toto, it is evidently a case of consensual sexual intercourse. There is no element of an offence of rape. In any view of the matter, the petitioner does not deserve to suffer the trauma of arrest and incarceration. Subject to appropriate conditions he may be granted anticipatory bail, it is submitted. B.A.No. 5 of 2008 2 3. The learned Prosecutor does not oppose the application and I am satisfied in the facts and circumstances of this case that anticipatory bail can be granted to the petitioner, subject of course to appropriate and strict conditions, which shall ensure the interests of a fair, efficient and expeditious investigation. 4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 14.1.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes 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) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 15.1.08 , 16.1.2008 and 17.1.2008. During this period the petitioner B.A.No. 5 of 2008 3 can be interrogated and all necessary steps in investigation, including the potency test can be conducted by the Investigating Officer. Thereafter the petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 14.1.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 14.1.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 14.1.2008. (R. BASANT) Judge tm B.A.No. 5 of 2008 4