IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5544 of 2008()
1. SUMESH @ SANKARAN, AGED 27 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.K.V.ANIL KUMAR
For Respondent : No Appearance
The Hon'ble MRS. Justice K.HEMA
Dated :18/09/2008
O R D E R
K.HEMA, J.
-------------------------------------------------
B.A.No.5544 of 2008
-------------------------------------------------
Dated this the 18th day of September, 2008
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 450 and 376
IPC and Section 3(i)(xi) of SC/ST (PA) Act. According to
prosecution, petitioner trespassed into the house of the defacto
complainant and committed rape on her.
3. Petitioner was arrested on 14.8.2008 and he is in
custody since then. Learned counsel for the petitioner submitted
that the petitioner and the defacto complainant, who is aged 17
years and 9 months, were in love with each other and they are
neighbours. The defacto complainant is pregnant and petitioner
admits paternity and he is prepared to marry her and the family
members have also agreed, it is submitted.
4. In the peculiar circumstances, learned public
prosecutor submitted that he has no objection in granting bail
on conditions.
Hence, bail is granted to the petitioner on the following
terms and conditions:
BA No.5544/08 2
(i) Petitioner shall execute a bond for Rs.25,000/- with
two solvent sureties each for the like sum to the
satisfaction of the Magistrate Court concerned.
(ii) Petitioner shall report before the Investigating Officer
on every Monday and Thursday between 10 a.m. and
1 p.m. until further orders.
(iii) Petitioner shall not intimidate any witness or commit
any offence while on bail and in case of breach of this
condition, bail is liable to be cancelled.
The petition is allowed.
K.HEMA, JUDGE
csl