IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No. 6564 of 2008() 1. SAJITH, AGED 24 YEARS, S/O.SAMUVEL, ... Petitioner Vs 1. THE STATE OF KERALA, ... Respondent For Petitioner :SRI.S.SHANAVASKHAN For Respondent :PUBLIC PROSECUTOR The Hon'ble MRS. Justice K.HEMA Dated :04/11/2008 O R D E R K.HEMA, J. --------------------------------------------- B.A.No.6564 of 2008 --------------------------------------------- Dated this the 4th November, 2008 O R D E R
This petition is for bail.
2. The alleged offences are under Sections 376 IPC and
3(1)(XI) of SC/ST PA Act. According to prosecution, on
15.4.2008, at about 8 p.m., petitioner committed rape on the
defacto complainant from a lab of a hospital. She became
pregnant thereby. The complaint was lodged on 6.10.2008.
3. Petitioner was arrested on 6.10.2008. Learned
counsel for petitioner, Mrs.Indu, submitted that petitioner is
working as an autorickshaw driver and defacto complainant was
working as a Laboratory Assistant in the hospital. She is aged 22
years and the place of occurrence is a lab and other staffs are
working in the hospital and she has not made any hue and cry or
resisted the alleged act. The case set up is absolutely false and
petitioner is innocent of the allegations made, it is submitted.
4. Learned counsel for petitioner also submitted that
petitioner is even prepared to undergo DNA test and prove his
innocence, if the defacto complainant takes any step for conduct
of DNA test. If the paternity is proved against petitioner, by
BA No.6564/2008 2
DNA test, he is even prepared to pay maintenance to the child,
but, he asserts that he has not committed any offence, it is
submitted. These submissions are recorded.
5. Learned public prosecutor submitted that in the light
of the submissions made, he has no objection in granting bail by
imposing stringent conditions.
On hearing both sides, I am satisfied that petitioner can be
granted bail on conditions and the following order is passed:
(i) Petitioner shall execute a bond for Rs.25,000/- with
two solvent sureties each for the like sum to the
satisfaction of the Magistrate Court concerned.
(ii) Petitioner shall report before the Investigating Officer
on every Monday, Wednesday and Saturday between
10 a.m. to 1 p.m. until further orders.
(iii) Petitioner shall not influence or intimidate any
witness or commit any offence while on bail and in
case of breach of this condition, bail is liable to be
cancelled.
The petition is allowed.
K.HEMA, JUDGE
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