IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4118 of 2007()
1. SURENDRAN, S/O.RAMAN,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. STATE REPRESENTED BY PUBLIC PROSECUTOR,
For Petitioner :SRI.CIBI THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :09/07/2007
O R D E R
R.BASANT, J.
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B.A.No.4118 of 2007
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Dated this the 9th day of July 2007
O R D E R
Application for anticipatory bail. The petitioner faces
allegations under Sections 420 and 376 I.P.C. The crux of the
allegations against the petitioner is that he committed rape on
the defacto complainant/prosecutrix by fraudulently inducing her
to believe that he shall marry her. Crime was registered on the
basis of a private complaint which was referred to the police
under Section 156(3) Cr.P.C. The allegations in the complaint
that there was an earlier attempt by the local people to settle the
dispute and it has in fact been settled. Investigation is in
progress. The petitioner apprehends imminent arrest.
2. The learned counsel for the petitioner prays, the
learned Public Prosecutor does not seriously oppose the said
prayer and I am satisfied that directions under Section 438
Cr.P.C can be issued in favour of the petitioner. It is not
necessary for me to advert to facts in any greater detail in the
light of the stand taken by the learned Public Prosecutor. Suffice
it to say that the learned Public Prosecutor has taken me through
the relevant assertions of the complainant herself of what had
been transpired on the date of the incident and thereafter.
B.A.No.4118/07 2
3. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C.
i) Petitioner shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 16/7/2007.
ii) He shall be released on regular bail on condition that
he executes a bond for Rs.50,000/-(Rupees fifty thousand only)
with two solvent sureties each for the like sum to the satisfaction
of the learned Magistrate.
iii) The petitioner shall make himself available for
interrogation before the investigating officer between 10 a.m
and 3 p.m on 17/07/2007 and 18/07/2007. The investigator
shall, during the investigation, will be entitled to get a potency
test conducted and interrogate the petitioner and effect
recoveries if any. Thereafter the petitioner shall so appear on all
Mondays and Fridays between 10 a.m and 12 noon for a period
of three months. Subsequently the petitioners shall so appear as
and when directed by the investigating officer in writing to do
so.
(iv) If the petitioner does not appear before the learned
Magistrate as directed in clause (i), directions issued above shall
thereafter stand revoked and the police shall be at liberty to
B.A.No.4118/07 3
arrest the petitioner and deal with him in accordance with law,
as if these directions were not issued at all.
(v) If he was arrested prior to 16/07/2007, he shall be
released on bail on his executing a bond for Rs.50,000/-(Rupees
fifty thousand only) without any sureties, undertaking to appear
before the learned Magistrate on 16/07/2007.
(R.BASANT, JUDGE)
jsr
B.A.No.4118/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007