High Court Kerala High Court

Baiju vs The Sub Inspector Of Police on 26 July, 2010

Kerala High Court
Baiju vs The Sub Inspector Of Police on 26 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 4010 of 2010()


1. BAIJU, S/O.MATHEW,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE REP. BY PUBLIC PROSECUTOR,

                For Petitioner  :SRI.UNNIKRISHNAN.V.ALAPATT

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :26/07/2010

 O R D E R
                             K.HEMA, J.
            ----------------------------------------------
                 Bail Application No.4010 of 2010
            ----------------------------------------------
                      Dated 26th July, 2010.

                              O R D E R

This petition is for bail.

2. The alleged offences are under Sections 328 and

376 of the Indian Penal Code. According to prosecution, petitioner

and the victim acquainted with each other over phone and on

19.5.2010, petitioner took her to Mangalore and from there to

Bangalore. While residing in a hotel room, accused forced the

victim to consume liquor and under intoxication, she was raped.

On 21.5.2010, she was sent back to Mangalore.

3. Learned counsel for petitioner submitted that

petitioner is in custody for the past more than sixty days. He was

arrested on 25.5.2010. The allegations made by the defacto

complainant will go to show that the act was committed with the

consent. Hence, offence of rape under Section 376 IPC will not be

attracted, it is submitted.

4. Learned Public Prosecutor submitted that

considering the stage of investigation, he has no objection in

granting bail. On hearing both sides, I am satisfied that bail can

BA NO. 4010/10 2

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 the crime is

registered, except for compliance of

condition no.(i)

(iii) Petitioner shall not influence or intimidate

any witness or tamper with evidence.

Petition is allowed.

K.HEMA, JUDGE.

tgs