IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Bail Appl..No. 6167 of 2011 CRIME NO.545 OF 2011 OF CHANDERA POLICE STATION, KASARAGOD. PETITIONERS/ACCUSED --------------------------------------- MARNADIYAN MANI, S/O.KODAKAN BALAKRISHNAN, AGED 28 YEARS, VAYALODI THRIKARIPUR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH SRI.BINU GEORGE RESPONDENT: STATE -------------------- STATION HOUSE OFFICER, CHANDERA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6167 OF 2011 ------------------------------------------------------ Dated this the 3rd day of August, 2011 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.545 of 2011 of Chandera Police Station, Kasaragod District. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that on 1.5.2011, the accused raped the de facto complainant. The crime was registered on the basis of a complaint filed by the de facto complainant before the Court of the Judicial Magistrate of the First Class, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. It is alleged by the de facto complainant that the incident on 1.5.2011 was photographed by the accused in his mobile camera and with that photograph, the accused blackmailed the de facto complainant and she was compelled to go BAIL APPL. NO.6167 OF 2011 :: 2 :: with him to various places like Guruvayur, Parassinikkadavu, Kollur and Palani on several dates from 2.5.2011 to 16.5.2011. 4. The petitioner was arrested on 8.7.2011. The learned counsel for the petitioner submitted that the petitioner is a bachelor and the de facto complainant is a married woman with two children. The learned counsel for the petitioner also submitted that even if all the allegations are taken into consideration, it could at best be said that the sexual relationship between the accused and the de facto complainant was with the consent of both parties. It is also submitted by the learned counsel for the petitioner that the complaint was filed by the de facto complainant before the Magistrate's Court only on 1.7.2011. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 6. The petitioner shall be released on bail on his executing BAIL APPL. NO.6167 OF 2011 :: 3 :: bond for Rupees Twenty five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Hosdurg, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. (K.T.SANKARAN) Judge ahz/