IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Bail Appl..No. 5992 of 2008() ----------------------------- CMP.4181/2008 of J.M.F.C.-I,KOYILANDY CRIME NO.659/08 OF KOYILANDY POLICE STATION PETITIONER/ACCUSED:- ---------------------------------------- K.V. YOGESH, S/O SAHADEVAN, AGED 30 YEAR KOOTHAMVALLI DEVI DAVA (H),KOYILANDY KOLLAM. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE,KOYILANDY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.5992 of 2008 ----------------------------------------- Dated this the 15th October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 376 and 420 of Indian Penal Code. According to prosecution, petitioner, on giving promise to marry the de facto complainant, committed rape on her on 21.7.2007, but he failed to marry her thereafter. The de facto complainant is a major and she became pregnant. 3. Learned counsel for petitioner submitted that the petitioner was arrested on 15.9.2008 and he is in custody since then. 4. Learned Public Prosecutor submitted that he has no objection in granting bail to the petitioner, but stringent condition may be imposed. Hence, petitioner is granted bail on the following terms and conditions: i) Petitioner shall execute a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned. ii) Petitioner shall report before the investigating officer on every alternate day between 10 AM and 1 PM until further orders. BA.5992/08 2 iii). Petitioner shall not leave the limits of the police station within which the crime is registered, except with the previous permission of the Magistrate Court concerned. iv) Petitioner shall not influence the witnesses or intimidate them or commit any offence while on bail and in case of breach of this condition, the bail is liable to be cancelled. Petition is allowed. K.HEMA, JUDGE vgs.