IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3958 of 2010()
1. JOMON @ JOSEPH P.P., S/O.JOHNY @ FRANCIS
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.B.PRAMOD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :08/07/2010
O R D E R
K.HEMA, J.
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Bail Application No.3958 of 2010
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Dated 8th July, 2010.
O R D E R
This petition is for bail.
2. The alleged offences are under Sections 376 of the
Indian Penal Code and Section 3(1)(x) of the S.C. and S.T.
(Prevention of Atrocities) Act. According to prosecution, on
14.4.2010, petitioner committed rape on defacto complainant,
who is aged 24 years, at her residence. She is a member of the
Scheduled Tribe and petitioner is not a member of Scheduled
Caste or Scheduled Tribe and in such capacity, he has committed
rape.
3. Petitioner is a boy aged 20 years and the alleged
victim is aged 24 years. As per the allegations in the first
information statement itself it is stated that the sexual act
committed was with consent of defacto complainant. There was
some contact over mobile phone and she had invited petitioner to
her house and it was in her house that the offences are alleged to
have been committed.
4. Petitioner was arrested on 25.5.2010 and he is in
BA NO.3958/10 2
custody for the past 45 days. This petition is not opposed. On
hearing both sides, I am satisfied that bail can be granted to
petitioner on conditions. Hence, the following order is passed :
Petitioner shall be released on bail on his executing a
bond for Rs.50,000/- (Rupees fifty thousand only) with
two solvent sureties each for the like sum to the
satisfaction of the court concerned, on the following
conditions :
(i) Petitioner shall report before the Investigating
Officer on every Monday and Thursday
between 10 a.m. and 1 p.m. until further
orders.
(ii) Petitioner shall not enter the limits of the
police station, within which crime is
registered, except for compliance of
condition no.(i)
Petition is allowed.
K.HEMA, JUDGE.
tgs