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.
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Bail Application No.4010 of 2010
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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