IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1293 of 2008()
1. BABU, S/O. APPU,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. STATE, REP. BY PUBLIC PROSECUTOR,
For Petitioner :SRI.P.K.ANIL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :04/03/2008
O R D E R
R. BASANT, J.
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B.A.No. 1293 of 2008
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Dated this the 4th day of March, 2008
O R D E R
Application for regular bail. The petitioner faces
allegations in a crime registered under Section 376 I.P.C. The
alleged incident took place on 17.1.2008. The petitioner has
already been married twice. He has an estranged relationship
with his present wife. He allegedly became friendly with the
defacto complainant, a girl aged about 18 years, who resides
along with her mother and who is employed as a salesgirl in a
shop.
2. The crux of the allegations is that on 17.1.2008 the
petitioner took the girl along with him in an autorikshaw to the
house of his sister. That house was locked. The petitioner had
obtained the keys from his sister. He and the defacto
complainant went to the house, opened the door and were inside.
There the unsuspecting victim/defacto complainant was allegedly
pounced upon and was raped. Thereafter she was reluctant to
return to her house. She went to Pollachi, from where they
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originally hail from. Later, after two days she returned. She was found
missing here and her mother was making frantic search for her. When
she returned she told her mother what had happened. Thereupon she
was taken to the police station and the present complaint was lodged.
The petitioner was arrested on 23.1.2008 and he continues in custody
from that date. The F.I.R. was lodged on 22.1.2008, the alleged
incident having taken place on 17.1.2008.
3. The learned counsel for the petitioner submits that the
petitioner is innocent. At any rate, reading between the lines, it must
be possible for any prudent mind to conclude that it was not a case of
rape and it was a consensual intercourse and the girl was speaking
against the petitioner because of extraneous influence, he submits.
4. The learned Prosecutor opposes the application. He submits
that the admitted version of the girl only shows that she, who was
friendly with the petitioner, had accompanied him to the house of the
relative, but the unsuspecting friend pounced upon her and rape was
committed after they entered the house of his sister.
5. I have perused the case diary. At this early stage of
investigation, I shall not embark on any detailed discussion on merit
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about the acceptability of the allegations raised or the credibility of the
data collected. Suffice it to say that on an anxious consideration of all
the relevant inputs, I am persuaded to agree that it is not necessary to
insist on the continued detention of the petitioner. Subject to
appropriate conditions the petitioner can be enlarged on bail now.
6. In the result:
1) This application is allowed.
2) The petitioner shall be released on bail on the following terms
and conditions.
(a) The petitioner shall execute a bond for Rs.1,00,000/-
(Rupees one lakh only) with two solvent sureties each for the like sum
to be satisfaction of the learned Magistrate.
(b) He shall make himself available for interrogation before the
Investigating Officer on all Mondays and Fridays between 10 a.m.
and 12 noon for a period of two months and thereafter as and when
directed by the Investigating Officer in writing to do so.
(R. BASANT)
tm Judge
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