IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 1ST JANUARY 2010 / 11TH POUSHA 1931 Bail Appl..No. 7820 of 2009() ----------------------------- CMP.17835/2009 of J.M.F.C.-I,KOTTARAKKARA CRIME NO.2024/2009 OF KOTTARAKKARA POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- SUBHASH, S/O.NARAYANAN ACHARI, KEERIKKALPADINJARU VEEDU, POOVATHOOR MURI, KULAKKADA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT: RESPONDENT ------------------------- STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K PUSHPALATHA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q.BARKATH ALI, J ----------------------------- B.A No. 7820 of 2009 -E ------------------------------ Dated this the 1st day of January, 2010. O R D E R The petitioner is the accused in Crime No.2024 of 2009 of Kottarakkara Police Station within the jurisdiction of Judicial First Class Magistrate Court-I, Kottarakkara. The allegation against the petitioner is that the accused by promising to marry the defacto complainant Smt.Rajani, aged 20 years had committed rape on her on different dates from April 2009 to July 2009 and thereby committed offence punishable under Section 376 of IPC. He was arrested on 11.12.2009 and thereafter remanded. The learned Magistrate dismissed his bail application. 2. Notice given to the Public Prosecutor. The learned Public Prosecutor opposed the bail application. He submitted that if bail is granted to the petitioner stringent conditions may be imposed. 3. It is admitted that the complaint has been filed by the defacto complainant after a delay of ten months and after she became pregnant and delivered a child. Therefore it is a doubtful B.A No. 7820 of 2009 -E 2 whether a charge under Section 376 of IPC will lie against the accused. Therefore I feel that he can be released on bail on conditions. 4. In the result the petition is allowed. The petitioner shall be released on bail on executing bond for Rs.25,000/- with two solvent sureties for the like sum to the satisfaction of the trial court on the following conditions: i) The petitioner shall appear before the investigating officer on all Monday's at 10 A.M. ii) The petitioner shall co-operate with the investigation and shall not commit any similar offence while on bail. iii) He shall not try to intimidate the defacto complainant. Sd/- P.Q.BARKATH ALI JUDGE //True Copy// PA TO JUDGE ab B.A No. 7820 of 2009 -E 3