IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Bail Appl..No. 5356 of 2008(B) ----------------------------- (CRIME NO. 227 OF 2008 OF PERINGOME POLICE STATION) PETITIONER/ACCUSED : -------------------- M. SUNIL, S/O. DAMODARAN, 28 YEARS, THARAVIL, ERUVATTY P.O., CHAPPARAPADAVU. BY ADV. SRI.BLAZE K.JOSE RESPONDENT/COMPLAINANT: ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, PAYYANNUR POLICE STATION. BY SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5356 OF 2008 ------------------------------ Dated this the 5th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 380 and 376 of the Indian Penal Code. According to the prosecution, petitioner and defacto complainant got acquainted with each other by making phone calls over mobile phones. Under the pretext of love, defacto complainant was taken by petitioner to Mangalore for conducting an operation. They stayed together in a lodge and she was raped from the lodge and the gold ornaments and money were taken away by the accused. She was given an ice cream and she became unconscious and then the rape was committed. 3. Learned counsel for the petitioner submitted the petitioner is aged 27 years and the defacto complainant is a 50 year old lady. The defacto complainant gave different versions at different times and though she stated in F.I. Statement that she was raped under a particular circumstance, in a statement given B.A.5356/2008 2 by her under Section 164 Cr.P.C., she stated that she was raped under different circumstances. The DYSP, who is the Investigating Officer, filed a report before the Magistrate court stating that the defacto complainant gave a deviated statement from the previous statement that no rape was committed and requested the learned Magistrate to record her statement under Section 164 Cr.P.C. The petitioner was working as a waiter in a hotel and the defacto complainant was working in the kitchen of the hotel about 2 years back. The defacto complainant is married and she has 2 sons in the wed lock. After hearing both sides and on going through the case diary, it can be seen that defacto complainant in one context stated that she had sexual relationship with petitioner with consent and she made allegations of rape because she lost money etc. The case diary reveals inconsistent version of the defacto complainant. Hence the following order is passed. The petitioner shall surrender before the Investigating Officer within 7 days from today and in the event of his arrest, if any, he shall be B.A.5356/2008 3 released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the Arresting Officer on the following conditions: (i) The petitioner shall make himself available for interrogation as and when directed. (ii) The petitioner shall co-operate with the investigation. (iii) The petitioner shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac