IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4445 of 2007()
1. GOPALAKRISHNAN, S/O.MUSLI GUPTAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :24/07/2007
O R D E R
R. BASANT, J.
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B.A. NO. 4445 OF 2007
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Dated this the 24th day of July, 2007
ORDER
Application for anticipatory bail. The petitioner faces
allegations, inter alia, under Secs.420 and 376 of the IPC. The
petitioner is the Head Master of a school. The alleged victim
is a Cook of the said school. The crux of the allegations is that
the petitioner has been indulging in sexual relationship with
the de facto complainant for the past about 10 years. It is
alleged that such sexual intercourse was entered into on a
promise that the petitioner would marry her. She allegedly
became pregnant recently. The petitioner refused to marry
her. It is then that she makes the complaint that there was
commission of the offences of cheating and rape. A crime has
been registered. Investigation is in progress.
2. The learned counsel for the petitioner prays, the
learned Public Prosecutor does not seriously oppose the said
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prayer and I am satisfied, in the facts and circumstances which
have been broadly indicated above, that this is a fit case where
the petitioner can be granted anticipatory bail. It is not
necessary, in the circumstances indicated above, to advert to the
facts in any greater detail.
3. In the result, this petition is allowed. Following
directions are issued under Sec.438 of the Cr.P.C:
(i) The petitioner shall appear before the learned
Magistrate having jurisdiction at 11 a.m. on 31/7/07. He shall
be released on regular bail on his executing a bond for
Rs.25,000/- 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 3 p.m. on 1/8/07 and 2/8/07. During this period, the
petitioner can be interrogated in custody and the potency test
can be got conducted. Thereafter, he shall appear before the
Investigating Officer on all Sundays between 10 a.m. and 12
noon for a period of one month. Subsequently, he shall so make
himself available for interrogation before the Investigating
Officer as and when directed by the Investigating Officer in
writing to do so.
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(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 those directions were not issued at all;
(iv) If the petitioner were arrested prior to his surrender
on 31/7/07 as directed in clause (i) above, he shall be released on
his executing a bond for Rs.25,000/- without any sureties
undertaking to appear before the learned Magistrate on 31/7/07.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
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