IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 Bail Appl..No. 4010 of 2010() ----------------------------- CRIME NO.214/10 OF KUTHIATHODU POLICE STATION, ALAPPUZHA. .................... (S): PETITIONER/ACCUSED -------------------------------------- BAIJU, S/O.MATHEW, CHIRACKAL HOUSE, PADUVAM BHAGAM, PADIYODICHAL P.O., PERINGOM PANCHAYATH THALIPARAMBA TALUK, KANNUR. BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, KUTHIATHODU POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4010 of 2010 ---------------------------------------------- Dated 26th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 328 and 376 of the Indian Penal Code. According to prosecution, petitioner and the victim acquainted with each other over phone and on 19.5.2010, petitioner took her to Mangalore and from there to Bangalore. While residing in a hotel room, accused forced the victim to consume liquor and under intoxication, she was raped. On 21.5.2010, she was sent back to Mangalore. 3. Learned counsel for petitioner submitted that petitioner is in custody for the past more than sixty days. He was arrested on 25.5.2010. The allegations made by the defacto complainant will go to show that the act was committed with the consent. Hence, offence of rape under Section 376 IPC will not be attracted, it is submitted. 4. Learned Public Prosecutor submitted that considering the stage of investigation, he has no objection in granting bail. On hearing both sides, I am satisfied that bail can BA NO. 4010/10 2 be granted to petitioner on conditions. Hence, the following order is passed : Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned, on the following conditions : (i) Petitioner shall report before the Investigating Officer on every Monday and Thursday between 10 a.m. and 1 p.m. until further orders. (ii) Petitioner shall not enter the limits of the police station, within which the crime is registered, except for compliance of condition no.(i) (iii) Petitioner shall not influence or intimidate any witness or tamper with evidence. Petition is allowed. K.HEMA, JUDGE. tgs