IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1218 of 2008()
1. VINESH, AGED 22 YEARS, S/O.MURALI,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.A.T.ANILKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :28/02/2008
O R D E R
R. BASANT, J.
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B.A. No. 1218 OF 2008 B
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Dated this the 28th day of February, 2008
O R D E R
Application for regular bail. Petitioner, a young
man aged about 22 years, faces allegations for offences of
theft, rape, abduction, etc. The crux of the allegations is that
the de facto complainant had employed a girl, whose date of
birth is 15.12.1991. While she was in employment of the de
facto complainant, she was found missing. Cash, ornaments,
etc. which were available in the house of the de facto
complainant were also found missing. A crime was registered
under the caption “woman missing”. It turned out that the said
girl and the petitioner had gone together. The ornaments,
cash, etc., which the said girl took away from the house, were
sold/utilised to purchase a scooter for the petitioner. The girl
and the petitioner, after so eloping, had also indulged in
sexual activity.
2. Investigation is in progress. Both the petitioner and
the said girl had come back and surrendered on 6.2.08. The
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petitioner was arrested and he continues in custody. The girl
being a minor is proceeded against separately, it is submitted.
3. The learned counsel for the petitioner submits that
even if the entire allegations were accepted, the petitioner is
not guilty of any offence. The allegations of rape, etc. have
been raised unnecessarily against the petitioner. Even
admittedly it was a case of consensual sexual intercourse.
The alleged victim has no grievance. She has crossed the
age of consent also. In these circumstances, the investigator
now does not press the allegation of rape.
4. The learned counsel for the petitioner submits that
even about the allegation of theft, the petitioner had no
culpable responsibility. He had not committed the crime at all.
He has no role took play in the alleged commission of theft by
the said girl. In these circumstances, the petitioner, who has
remained in custody from 6.2.08, may be enlarged on bail, it
is prayed.
5. The learned Public Prosecutor refutes the
contentions raised and submits that the State has no objection
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against grant of regular bail to the petitioner, who has
remained in custody from 6.2.08, subject to appropriate
conditions. I am satisfied, in these circumstances, that the
petitioner can now be enlarged on bail.
6. In the result, this petition is allowed. The petitioner
shall be released on bail on the following terms and
conditions:
i) The petitioner shall execute 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.
ii) The petitioner shall make himself available for
interrogation before the investigating officer between 10 a.m
and 12 noon on all Mondays and Fridays, for a period of three
months from the date of his release and thereafter as and
when directed by the investigating officer in writing to do so.
(R.BASANT, JUDGE)
aks