IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 Bail Appl..No. 485 of 2008() ---------------------------- BA.36/2008 of J.M.F.C.,SULTHANBATHERY CRIME NO.294/05 OF SULTHANBATHERY POLICE STATION .................... : PETITIONER/ACCUSED ----------------------------------- SHIJU, S/O.KRISHNAN, THOTTIYIL HOUSE, KALLUR, 66TH MILE, WAYNAD DISTRICT. BY ADV. SRI.JIJO PAUL RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE, SPECIAL MOBILE SQUAD, WAYNAD, MANANTHAVADY - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.485 of 2008 ------------------------------------- Dated this the 28th day of January, 2008 ORDER Application for regular bail. Petitioner faces allegations under Section 376 I.P.C and Section 3(2)(v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. The alleged incident took place in March, 2005. Investigation is complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. C.P.No.5 of 2008 has been registered against the petitioner. It is after taking cognizance that the petitioner was arrested and taken into judicial custody. The petitioner continues in custody from 03.01.2008. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can now be enlarged on bail subject to appropriate terms and conditions. 3. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. B.A.No.485 of 2008 2 i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One lakh 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 as and when directed by the Investigating Officer in writing to do so. If the petitioner so appears, the Investigating Officer shall be at liberty to take all necessary steps for the conduct of a proper investigation in this case including the conduct of the potency test. (R.BASANT, JUDGE) rtr/-