IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 18TH APRIL 2008 / 29TH CHAITHRA 1930 Bail Appl..No. 2399 of 2008() ----------------------------- CRIME NO.43/08 OF CUMBAMMETTU POLICE STATION. ACCUSED ------------------------ TOMY @ JOEMON, AGED 34 YEARS S/O.SCARIA, VATHALLOORE HOUSE, KUZHITHODU KARA KARUNAPURAM VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY P.P. SRI C.M. KAMMAPPU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K. MOHANAN, J. - - - - - - - - - - - - - - - - - Bail Application NO.2399 of 2008 - - - - - - - - - - - - - - - - Dated this the 18th April, 2008. O R D E R Petitioner is the sole accused in crime No.43/2008 of Cumbammettu police station for the offence punishable under section 376 of IPC. The allegation against the petitioner is that he committed rape on the de facto complainant on several occasion from August 2006 and the same was continued for a period of 1 ½ years. It is also the case of the prosecution that pursuant to the alleged act, the de facto complainant became pregnant and delivered a female child in the hospital on 11-3- 2008. 2. The learned Public Prosecutor, though opposed the bail application, submitted that the F.I.Statement was filed only on 20-3-2008 after she gave birth to a child on 11-3-2008. It is submitted that they wanted to conduct investigation but custody of the petitioner is not necessary. 3. Having considered the facts and circumstances of the case, I am of the view that the application can be allowed. In B.A.No.2399/08 -:2:- the result, the above application is allowed and there will be a direction to the respondent to release the petitioner on bail in the event of his arrest on executing a bond Rs.25,000 /- (Rupees twenty five thousand only) with two solvent sureties each for the like amount to the satisfaction of the officer concerned. The petitioner is directed to surrender before the Investigating Officer in Crime No.43/2008 of Cumbammettu Police Station on 25-4-2008 and the officer concerned is directed to complete interrogation in the matter and to release him on the date of surrender itself. The petitioner is directed to report before the Investigating Officer on all Wednesdays between 10 a.m. and 11 a.m. and to co-operate with the investigation. This application is allowed as above. V.K.MOHANAN, JUDGE. kvm/-