IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5573 of 2007()
1. ASOKAN, S/O.RAMACHANDRAN
... 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 :17/09/2007
O R D E R
R. BASANT, J.
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B.A. NO. 5573 of 2007
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Dated this the 17th day of September, 2007
ORDER
Application for regular bail. The petitioner faces
allegations under Sec.376 of the IPC. The crux of the
allegations is that the petitioner – a 31 year old married
person, allegedly committed rape twice on a 19 year
neighbour. The girl did not complain of the incident on the
first occasion allegedly because of threats of the petitioner.
Later, a complaint was lodged on 19/8/07. The alleged
incident took place on 10/8/07. The petitioner was arrested on
20/8/07. He continues in custody from that date.
2. The learned counsel for the petitioner submits that the
allegations are false. The medical examination does not reveal
any indications to suggest a sexual intercourse. The hymen
was in tact. The petitioner may now be enlarged on bail, prays
the learned counsel for the petitioner.
3. The learned Public Prosecutor does not oppose the
B.A. NO. 5573 of 2007 -: 2 :-
application. He only submits that appropriate conditions may be
imposed.
4. I have considered all the relevant inputs. It is not
invariable that rupture of hymen must be seen in all cases of
rape. It depends on the extent of sexual penetration. Be that as
it may, I am satisfied that the petitioner can now be enlarged on
bail subject, of course, to appropriate conditions.
5. In the result:
(a) The application is allowed.
(b) The petitioner shall be released on bail on the following
terms and conditions:
(i) The petitioner shall execute a bond for Rs.50,000/- 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 on all Mondays
between 10 a.m. and 12 noon for a period of two months and
thereafter as and when directed by the Investigating Officer in
writing to do so.
(iii) During the said period of two months, the petitioner
shall not enter the jurisdiction of the Manjeri Police Station
B.A. NO. 5573 of 2007 -: 3 :-
without the prior permission of the learned Magistrate, except
for the purpose of complying with Condition No.(ii) above.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge