IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Bail Appl..No. 487 of 2008(A) ----------------------------- CRIME NO.121/2007 OF NENMARA POLICE STATION : PETITIONER/ACCUSED: ------------------------------------ ASOKAN, AGED 28 YEARS, SON OF THEETHU, IYINAMPADAM HOUSE, NEMMARA,CHITTUR BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.487 of 2008 ---------------------------------------- Dated this the 4th day of February 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered under Sections 376 an 313 I.P.C. The crux of the allegations is that the petitioner had induced the de facto complainant to have sexual intercourse with him. She consented to such sexual intercourse solely on the basis of his promise to marry her. She became pregnant in such relationship. She was made to agree to abort that pregnancy. Complaint was filed on 27/5/2007 alleging commission of rape. The crux of the allegations as stated earlier is that the petitioner had sexual intercourse with the de facto complainant extracting her consent by an unintended promise to marry. 2. The learned counsel for the petitioner submits that as a matter of fact, the marriage has taken place on 22/10/2007 and the petitioner and the alleged victim are in law husband and wife now. 3. The learned Public Prosecutor was requested to take instructions. The learned Public Prosecutor, after taking instructions, submits that the petitioner and the alleged victim have entered matrimony and with effect from 22/10/2007, they are husband and wife though they are not residing together under the same roof now. B.A.No.487/08 2 4. The other matrimonial disputes notwithstanding, I am satisfied that anticipatory bail can be granted to the petitioner now, it having been unambiguously conceded that subsequently legal marriage between the de facto complainant and the petitioner has taken place. The learned counsel for the petitioner on behalf of the petitioner makes an unequivocal statement that the petitioner and the alleged victim are now legally married husband and wife. 5. I am satisfied in these circumstances that anticipatory bail can be granted to the petitioner subject of course to appropriate conditions which shall ensure the interests of a fair, efficient and expeditious investigation. 6. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 11/2/2008. He shall be released on regular bail on condition that he executes a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for B.A.No.487/08 3 interrogation before the investigating officer between 10 a.m and 5 p.m on 12/02/2008 and 13/02/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime including conduct of the potency test. Thereafter the petitioner shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months and subsequently as and when directed by the investigating officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 11/02/2008, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 11/02/2008. (R.BASANT, JUDGE) jsr B.A.No.487/08 4 B.A.No.487/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007