IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 Bail Appl..No. 1918 of 2008() ----------------------------- CRIME NO.162/08 OF GURUVAYOOR POLICE STATION .................... APPLICANT : ACCUSED ------------------------ SINOJ, AGED 29 YEARS, S/O.SIDHARTHAN KOOTTARIKKAL HOUSE, MUNDOOR, EZHAMKALLU ANDAPARAMBU. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1918 of 2008 ------------------------------------- Dated this the 27th day of March, 2008 ORDER Application for regular bail. Petitioner faces allegations in a crime registered alleging offences punishable under Section 376 I.P.C. On 01.10.07, the petitioner, a young person, aged about 29 years and the alleged victim, a girl born on 7.11.90, went together and started residence in the house of the petitioner. Parents of the girl came in search of the girl and it was asserted that they had got married in accordance with the customary rites. The girl continued residence in the house of the petitioner admittedly till 1.2.08. She became pregnant. She returned to her house consequent to certain disappointment/disagreement. The pregnancy got aborted. A complaint is filed thereafter that all the sexual intercourses between 01.10.07 and 01.02.08 are not consensual sexual intercourses, but are culpable offences of rape. Crime has been registered. The petitioner was arrested on 27.02.08. The petitioner continues in custody from that date. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I B.A.No.1918 of 2008 2 am satisfied, in the facts and circumstances of this case to which I have already made a brief reference above, that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. The learned counsel for the petitioner unambiguously asserts on behalf of the petitioner that the petitioner stands by the alleged marriage which had taken place between the petitioner and the victim after 01.10.07. 3. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty five 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 interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of one month and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-