IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Bail Appl..No. 1565 of 2008() ----------------------------- CRIME NO.19/2008 OF PERUVANNAMUZHI POLICE .................... : PETITIONER/ACCUSED: ------------------------- VIPINDAS.K.G., S/O.GOPALAN, KAPPIKUNNUMMAL VEEDU, NARENDRADEV COLONY, CHAKKITTAPPRA VILLAGE. BY ADV. SRI.SANTHARAM.P RESPONDENTS: COMPLAINANT: ------------------------- STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1565 of 2008 ---------------------------------------- Dated this the 12th day of March 2008 O R D E R Application for regular bail. The petitioner, a person belonging to the scheduled caste community, faces allegations in a crime registered alleging offences punishable inter alia under Section 376 I.P.C. The de facto complainant is a married woman, who has an estranged relationship with her husband and is residing separately from her husband. She belongs to the scheduled tribe community. The petitioner and the de facto complainant developed intimacy. They lived in sexual relationship with each other. There is an allegation raised that there was an agreement that the petitioner shall marry the de facto complainant. The victim became pregnant. The petitioner developed cold feet. He did not thereafter agree to marry her. It is at that stage, the de facto complainant raised allegations of rape against the petitioner. The petitioner was arrested and continues in custody from 28/1/2008. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Even accepting all the allegations, there is no element of rape in the sexual relationship between the petitioner and the de facto complainant. The allegation that the petitioner agreed to marry the de facto B.A.No.1565/08 2 complainant cannot be accepted as she, who is already having a current matrimony, cannot get married to the petitioner under law. In any view of the matter, the petitioner who has remained in custody from 28/1/2008 may now be enlarged on bail. He does not deserve to endure the trauma of arrest and detention any longer, submits the learned counsel for the petitioner. 2. The learned Public Prosecutor does not oppose the application and I am satisfied, in the facts and circumstances of this case that the petitioner can be granted regular bail. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to facts in any greater detail in this order. 3. In the result, this petition is allowed. The petitioner shall be released on bail on the following terms and conditions: i) He shall execute a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself 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.1565/08 3 B.A.No.1565/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007