IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7070 of 2007()
1. JUNAID, AGED 25 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA, THROUGH THE
... Respondent
For Petitioner :SRI.K.ANTONY JOSEPH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :20/11/2007
O R D E R
R. BASANT, J.
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B.A.No. 7070 of 2007
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Dated this the 20th day of November, 2007
O R D E R
Application for anticipatory bail. The petitioner faces
allegations under Section 376 I.P.C. The defacto complainant/
victim was allegedly in love with the petitioner. There was
promise of marriage. Believing the said promise, the defacto
complainant had allegedly yielded to sexual intercourse with the
petitioner. She became pregnant. Two months after the child
birth the present complaint has been filed. Crime has been
registered. Investigation is in progress. The petitioner
apprehends imminent arrest.
2. The learned counsel for the petitioner prays, the
learned Prosecutor opposes the said prayer, and notwithstanding
the opposition I am satisfied, in the facts and circumstances
referred above, that directions under Section 438 Cr.P.C. can be
issued in favour of the petitioner, subject to appropriate terms
B.A.No. 7070 of 2007
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and conditions. More detailed discussion of facts appear to me to be
unnecessary.
3. In the result:
(1) This application is allowed.
(2) The following directions are issued under Section 438
Cr.P.C.
(a) The petitioner shall surrender before the learned Magistrate
on 27.11.2007 at 11 a.m. The learned Magistrate shall release the
petitioner 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.
(b) The petitioner shall make himself available for interrogation
before the Investigating Officer between 10 a.m. and 3 p.m. on
28.11.2007 and 29.11.2007. During this period the petitioner can be
interrogated and all necessary steps in investigation, including the
potency test can be conducted by the Investigating Officer. Thereafter
he shall appear before the Investigating Officer on all Mondays and
Fridays between 10 a.m. and 12 noon for a period of two months and
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subsequently as and when directed by the Investigating Officer in
writing to do so.
(c) If the petitioner does not appear before the learned
Magistrate as directed in clause (1) above, these directions shall lapse
on 27.11.07 and the police shall be at liberty thereafter to arrest the
petitioner and deal with him in accordance with law.
(d) If the petitioner were arrested prior to his surrender on
27.11.2007 as directed in clause (1) above, he shall be released on bail
on his executing a bond for Rs.50,000/- without any surety
undertaking to appear before the learned Magistrate on 27.11.2007.
(R. BASANT)
Judge
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