IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4049 of 2008()
1. SUMESH N. AYYAPPAN,
... Petitioner
Vs
1. S.I. OF POLICE, MULANTHURUTHI,,
... Respondent
For Petitioner :SRI.R.KRISHNA RAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :04/07/2008
O R D E R
K.HEMA, J.
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B.A.No. 4049 of 2008
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Dated this the 4th July, 2008
O R D E R
This petition is for bail.
2. The alleged offence is under Section 376 of Indian Penal
Code. According to prosecution, a 17 year old girl is raped by the
accused in the month of May, 2007. A crime is registered on the
basis of a complaint given by the father of the alleged victim.
Petitioner is a Constable in CRPF and he is in custody from
28.5.2008 onwards.
3. Learned counsel for petitioner submitted that the petitioner
is innocent of the allegations made. This complaint is filed only to
pressurize the petitioner to marry the alleged victim. He was having
affair with another girl and the marriage was fixed with her and at
that stage, the father of the victim gave a false complaint against
the petitioner that too, after expiry of one year of the alleged
incident. The victim’s marriage was also fixed, but that had
fizzled doubting her chastity. In such circumstances, the father of
the alleged victim insisted the petitioner to marry his daughter.
BA.4049/08 2
4. Learned Public Prosecutor submitted that there is a request
from CRPF that the petitioner may be handed over to the local
office, since he is wanted by the Court Martial. The investigation is
almost over and hence, he has no objection in granting bail to the
petitioner on conditions. Learned counsel for petitioner submitted
that the petitioner is prepared to abide by any conditions imposed
by this Court.
In the result, the petitioner is granted bail on the following
terms and conditions:
i) Petitioner shall execute a bond for Rs.50,000/- with two
solvent sureties each for the like sum to the satisfaction
of Magistrate Court concerned.
ii) Petitioner shall report before the Officer Commandant,
CRPF, Kerala Unit at Pallippuram within ten days of his
release on bail. In case of breach of this condition, bail
will be cancelled.
iii) Petitioner shall report before the investigating officer as
and when directed.
iv) Petitioner shall not influence or threaten any witnesses
and in case of breach of this condition, the bail is liable
to be cancelled.
Petition is allowed.
K.HEMA, JUDGE
vgs.