IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7720 of 2007()
1. AJIKUMAR, AGED 30 YEARS,
... Petitioner
2. NELSON, AGED 55 YEARS,
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SRI.BLAZE K.JOSE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :14/12/2007
O R D E R
R.BASANT, J.
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B.A.No.7720 of 2007
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Dated this the 14th day of December 2007
O R D E R
Application for anticipatory bail. Petitioners are accused 2
and 3. They are the father and brother of the first accused.
They face allegations in a crime registered for offences
punishable inter alia under Sections 366A and 376 I.P.C. The
crux of the allegations is that the alleged victim, a girl, above the
age of consent was allegedly kidnapped by the accused persons.
They permitted her to reside along with them. While so residing
with them, the first accused allegedly had sexual intercourse
with the said girl. This, in short, is the allegation. Crime has
been registered on the basis of a private complaint filed by the
father of the girl. Investigation is in progress. The first accused
had already been granted regular bail by this court as per order
dated 4/12/2007 in B.A.NO.7421/2007. I have adverted to facts
in detail in the said order. It is not necessary for me to advert to
facts in any greater detail in this order. This order must be read
in continuation of the said order.
2. The learned counsel for the petitioners prays, the
learned Public Prosecutor does not oppose the said prayer and I
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am satisfied that the petitioners can be granted anticipatory bail
subject to appropriate terms and conditions which shall ensure
the interests of a fair, proper and efficient investigation.
3. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of the
petitioners.
i) Petitioners shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 21/12/2007. They
shall be released on regular bail on condition that they execute
bonds for Rs.25,000/-(Rupees twenty five thousand only) each
with two solvent sureties each for the like sum to the satisfaction
of the learned Magistrate.
ii) The petitioners shall make themselves available for
interrogation before the investigating officer between 10 a.m
and 1 p.m on 22/12/2007 and 24/12/2007 and thereafter on all
Mondays and Fridays between 10 a.m and 1 p.m for a period of
one month. Subsequently the petitioners shall so appear as and
when directed by the investigating officer in writing to do so.
(iii) If the petitioners do not appear before the learned
Magistrate as directed in clause (i), directions issued above shall
B.A.No.7720/07 3
thereafter stand revoked and the police shall be at liberty to
arrest the petitioners and deal with them in accordance with law,
as if these directions were not issued at all.
(iv) If they were arrested prior to 21/12/2007, they shall
be released from custody on their executing a bond for
Rs.25,000/- (Rupees twenty five thousand only) without any
sureties, undertaking to appear before the learned Magistrate on
21/12/2007.
(R.BASANT, JUDGE)
jsr
B.A.No.7720/07 4
B.A.No.7720/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007