High Court Kerala High Court

Sumesh @ Sankaran vs State Of Kerala Represented By The on 18 September, 2008

Kerala High Court
Sumesh @ Sankaran vs State Of Kerala Represented By The on 18 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5544 of 2008()


1. SUMESH @ SANKARAN, AGED 27 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.K.V.ANIL KUMAR

                For Respondent  : No Appearance

The Hon'ble MRS. Justice K.HEMA

 Dated :18/09/2008

 O R D E R
                              K.HEMA, J.
                 -------------------------------------------------
                          B.A.No.5544 of 2008
                 -------------------------------------------------
           Dated this the 18th day of September, 2008



                                 O R D E R

This petition is for bail.

2. The alleged offences are under Sections 450 and 376

IPC and Section 3(i)(xi) of SC/ST (PA) Act. According to

prosecution, petitioner trespassed into the house of the defacto

complainant and committed rape on her.

3. Petitioner was arrested on 14.8.2008 and he is in

custody since then. Learned counsel for the petitioner submitted

that the petitioner and the defacto complainant, who is aged 17

years and 9 months, were in love with each other and they are

neighbours. The defacto complainant is pregnant and petitioner

admits paternity and he is prepared to marry her and the family

members have also agreed, it is submitted.

4. In the peculiar circumstances, learned public

prosecutor submitted that he has no objection in granting bail

on conditions.

Hence, bail is granted to the petitioner on the following

terms and conditions:

BA No.5544/08 2

(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 and Thursday between 10 a.m. and

1 p.m. until further orders.

(iii) Petitioner shall not 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