High Court Kerala High Court

Babu vs The Sub Inspector Of Police on 4 March, 2008

Kerala High Court
Babu vs The Sub Inspector Of Police on 4 March, 2008
       

  

  

 
 
  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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