IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7532 of 2007()
1. SURESH, AGED 25,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.S.SHANAVAS KHAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :10/12/2007
O R D E R
R. BASANT, J.
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B.A.No. 7532 of 2007
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Dated this the 10th day of December, 2007
O R D E R
Application for anticipatory bail. The petitioner faces
allegations in a crime registered for offences punishable, inter
alia, under Sections 420, 406 and 376 I.P.C. The crux of the
allegations is that the petitioner had sexual relationship with the
defacto complainant from the year 2003. They were allegedly in
love. But the petitioner did not comply with the promise to
marry her. This obliged the defacto to file the complaint before
various authorities. At last crime has been registered.
Investigation is in progress. The petitioner apprehends imminent
arrest.
2. The learned counsel for the petitioner submits that at
worst, even accepting the entire allegations, it was only a case of
consensus pre-marital sex and later reluctance to marry the
woman. In any view of the matter, there is no element of offence
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2
of rape or cheating in this case. He may be granted anticipatory bail,
prays the counsel.
3. The learned Prosecutor does not oppose the application.
Considering the totality of circumstances, I am satisfied that this is a fit
case where the petitioner can be granted anticipatory bail, subject of
course to appropriate conditions, which shall safeguard the interests of
a fair, efficient and expeditious investigation.
4. In the result:
(1) This application is allowed.
(2) The following directions are issued under Section 438
Cr.P.C.
(a) The petitioner shall surrender before the learned Magistrate
on 17.12.2007 at 11 a.m. The learned Magistrate shall release the
petitioner on regular bail on condition that he executes a bond for
Rs.25,000/- (Rupees twenty five thousand only) with two solvent
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sureties each for the like sum to the satisfaction of the learned
Magistrate.
(b) The petitioner shall make himself available for interrogation
before the Investigating Officer between 10 a.m. and 5 p.m. on
18.12.2007 and 19.12.2007. During this period the petitioner can be
interrogated in custody and all necessary steps in investigation,
including the potency test can be conducted by the Investigating
Officer. Thereafter he shall appear before the Investigating Officer on
all Mondays and Fridays between 10 a.m. and 12 noon for a period of
two months and subsequently as and when directed by the
Investigating Officer in writing to do so.
(c) If the petitioner does not appear before the learned
Magistrate as directed in clause (1) above, these directions shall lapse
on 17.12.07 and the police shall be at liberty thereafter to arrest the
petitioner and deal with him in accordance with law.
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(d) If the petitioner were arrested prior to his surrender on
17.12.2007 as directed in clause (1) above, he shall be released on bail
on his executing a bond for Rs.50,000/- without any surety
undertaking to appear before the learned Magistrate on 17.12.2007.
(R. BASANT)
Judge
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