IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 Bail Appl..No. 4257 of 2010() ----------------------------- CRMP.2861/2010 of D.C.& SESSIONS COURT,THODUPUZHA ................................... CRIME NO.827/10 OF THODUPUZHA POLICE STATION, IDUKKI ................................. PETITIONER (S): -------------------------- SANDEEP, S/O.GOPI, THOTTIPARAMBIL HOUSE, VENGALOOR KARA, KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK. BY ADV. SRI.P.K.VARGHESE SRI.N.K.SHYJU RESPONDENT(S): ---------------------- STATE OF KERALA, REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, THODUPUZHA, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR MR. I.V PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------- B.A.No.4257 OF 2010 ----------------------------------- Dated this the 16th day of July, 2010 O R D E R This petition is for bail. 2. The alleged offences are under sections 451, 366 and 376 IPC. According to prosecution, petitioner trespassed into the house of defacto complainant and kidnapped her minor daughter aged 17 years and committed rape on her. The incident happened on 4.5.2010. Complaint was given by defacto complainant on 12.6.2010. 3. Learned counsel for petitioner submitted that petitioner who is aged 24 years was in love with defacto complainant and they had got married in a temple in Tamil Nadu on 4.5.2010. Thereafter, she was taken to petitioner's relative's house and they were living as husband and wife. Petitioner had no intention to commit any rape on the alleged victim. Petitioner is ready to marry the girl in accordance with law. He is in custody for the past 33 days from 13.6.2010. There is a long delay in lodging the complaint. Defacto complainant, who is the mother of the alleged B.A. No.4257/10 2 victim has filed an affidavit stating that she came to know about the love affair only later and that the complaint was filed due to mistake of facts. Affidavit s annexure-'C'. 4. This petition is not opposed. On hearing both sides, I am satisfied that bail can be granted on conditions. Hence the following order is passed: Petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent securities each for the like amount to the satisfaction of the learned Magistrate, on following condition: 1) Petitioner shall report before the investigating officer on every Monday between 10 AM and 1 PM. This petition is allowed. K. HEMA, JUDGE. Sou.