High Court Kerala High Court

Surendran vs The Sub Inspector Of Police on 9 July, 2007

Kerala High Court
Surendran vs The Sub Inspector Of Police on 9 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4118 of 2007()


1. SURENDRAN, S/O.RAMAN,
                      ...  Petitioner

                        Vs



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

2. STATE  REPRESENTED BY PUBLIC PROSECUTOR,

                For Petitioner  :SRI.CIBI THOMAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :09/07/2007

 O R D E R
                                 R.BASANT, J.

                              ----------------------

                            B.A.No.4118  of 2007

                        ----------------------------------------

                   Dated this the 9th  day of July 2007


                                   O R D E R

Application for anticipatory bail. The petitioner faces

allegations under Sections 420 and 376 I.P.C. The crux of the

allegations against the petitioner is that he committed rape on

the defacto complainant/prosecutrix by fraudulently inducing her

to believe that he shall marry her. Crime was registered on the

basis of a private complaint which was referred to the police

under Section 156(3) Cr.P.C. The allegations in the complaint

that there was an earlier attempt by the local people to settle the

dispute and it has in fact been settled. Investigation is in

progress. The petitioner apprehends imminent arrest.

2. The learned counsel for the petitioner prays, the

learned Public Prosecutor does not seriously oppose the said

prayer and I am satisfied that directions under Section 438

Cr.P.C can be issued in favour of the petitioner. It is not

necessary for me to advert to facts in any greater detail in the

light of the stand taken by the learned Public Prosecutor. Suffice

it to say that the learned Public Prosecutor has taken me through

the relevant assertions of the complainant herself of what had

been transpired on the date of the incident and thereafter.

B.A.No.4118/07 2

3. In the result, this petition is allowed. Following

directions are issued under Section 438 Cr.P.C.

i) Petitioner shall surrender before the learned

Magistrate having jurisdiction at 11 a.m on 16/7/2007.

ii) He shall be released on regular bail on condition that

he executes a bond for Rs.50,000/-(Rupees fifty thousand only)

with two solvent sureties each for the like sum to the satisfaction

of the learned Magistrate.

iii) The petitioner shall make himself available for

interrogation before the investigating officer between 10 a.m

and 3 p.m on 17/07/2007 and 18/07/2007. The investigator

shall, during the investigation, will be entitled to get a potency

test conducted and interrogate the petitioner and effect

recoveries if any. Thereafter the petitioner shall so appear on all

Mondays and Fridays between 10 a.m and 12 noon for a period

of three months. Subsequently the petitioners shall so appear as

and when directed by the investigating officer in writing to do

so.

(iv) 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

B.A.No.4118/07 3

arrest the petitioner and deal with him in accordance with law,

as if these directions were not issued at all.

(v) If he was arrested prior to 16/07/2007, he shall be

released on bail on his executing a bond for Rs.50,000/-(Rupees

fifty thousand only) without any sureties, undertaking to appear

before the learned Magistrate on 16/07/2007.

(R.BASANT, JUDGE)

jsr

B.A.No.4118/07 4

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007