Sajith vs The State Of Kerala on 4 November, 2008

Kerala High Court
Sajith vs The State Of Kerala on 4 November, 2008
       

  

  

 
 
  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
csl

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