SOORAJ, S/O. PEETHAMBARAN versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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SOORAJ, S/O. PEETHAMBARAN v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 3621 of 2007 [2007] RD-KL 10819 (20 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 3621 of 2007()

1. SOORAJ, S/O. PEETHAMBARAN,
... Petitioner

Vs

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

For Petitioner :SRI.KRISHNA PRASAD. S

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :20/06/2007

O R D E R

R.BASANT, J

B.A.No.3621 of 2007

Dated this the 20th day of June, 2007

ORDER

Application for regular bail. The petitioner faces allegations under Section 376 I.P.C and Section 3(2)(v) of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. The victim of the alleged rape is a girl belonging to the scheduled caste community, born on 18.05.1992. The petitioner is admittedly a neighbour, an unmarried person and aged about 25 years. The alleged rape had taken place in the residential compound of the victim. Investigation is in progress. The petitioner remains in custody from 17.05.2007.

2. The learned counsel for the petitioner submits that as a matter of fact there was no element of rape at all and that the allegations have been made without any justification. Consent, even if that be the admitted offence, is irrelevant as the girl is below the age of consent. However, I take note of the fact that the petitioner is also a young man, aged about 25 years and that he has been remained in custody from 17.05.07, subject to appropriate conditions, I am satisfied that the petitioner can be released on bail.

3. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions.  B.A.No.3621 of 2007 2

i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty five 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 until further orders; iii) The petitioner shall not enter the jurisdiction of Meenangadi Police Station until further orders except for the purpose of complying with condition No.(ii) above.

(R.BASANT, JUDGE)

rtr/- 

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