IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7873 of 2007()
1. SHAKKEER, AGED 21 YEARS, S/O.IBRAHIM,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.K.RAMAKUMAR (SR.)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :01/01/2008
O R D E R
R. BASANT, J.
- - - - - - - - - - - - - - - - - - - - - - - - - -
B.A.Nos. 7873 & 7902 of 2007
- - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 1st day of January, 2008
O R D E R
These applications are for regular bail. The petitioners face
allegations in a crime registered initially under the caption
‘woman missing’. Later separate crimes have been registered
alleging the commission of the offence of rape punishable under
Section 376 I.P.C.
2. The crux of the allegations against the petitioners is that
they had consensual sexual intercourse with the alleged victim, a
minor girl, admittedly aged above 16 years on the relevant dates
on which she had sexual intercourses with the petitioners herein.
3. The learned Prosecutor submits that the prosecution
takes the stand that such consensual sexual intercourses amount
to offence of rape on the ground that the consent was procured on
the promise that the various persons, who did have sexual
intercourses, had promised to marry her. The petitioners
continue in custody from 26.11.2007.
B.A.Nos. 7873 & 7902 of 2007
2
4. The learned counsel for the petitioners pray, the learned
Prosecutor does not oppose the said prayer and I am satisfied that the
petitioners can now be directed to be enlarged on bail subject to
appropriate terms and conditions.
5. In the result:
1) These applications are allowed.
2) The petitioners shall be released on bail on the following
terms and conditions.
(a) The petitioners shall execute bonds for Rs.50,000/- (Rupees
fifty thousand only) each with two solvent sureties each for the like
sum to be satisfaction of the learned Magistrate.
(b) They shall make themselves 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)
Judge
tm
B.A.Nos. 7873 & 7902 of 2007
3