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MANAF, AGED 21 YEARS versus STATE OF KERALA BY THE SUB INSPECTOR

High Court of Kerala

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MANAF, AGED 21 YEARS v. STATE OF KERALA BY THE SUB INSPECTOR - Bail Appl No. 3760 of 2007 [2007] RD-KL 11378 (27 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 3760 of 2007()

1. MANAF, AGED 21 YEARS,
... Petitioner

Vs

1. STATE OF KERALA BY THE SUB INSPECTOR
... Respondent

For Petitioner :SRI.T.K.AJITH KUMAR

For Respondent :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

Dated :27/06/2007

O R D E R

R. BASANT, J.


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B.A.No. 3760 of 2007
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Dated this the 27th day of June, 2007

O R D E R

Application for regular bail. Petitioner is a person aged about 22 years. The alleged victim/Prosecutrix is a woman aged 24 years. The crux of the allegations is that the petitioner fraudulently induced the Prosecutrix to go with him and indulge in sexual relationship with an unintended promise to marry her. The alleged incident took place on 24.5.2007. The victim was taken away from her house and was subjected to sexual intercourse on the basis of such fraudulent promise. She returned to her house and lodged a complaint before the police on 25.5.2007 itself of the fraudulent sexual intercourse which the petitioner indulged in with her. The petitioner was arrested on 27.5.2007. He continues in custody from that date.

2. The learned counsel for the petitioner asserts and the petitioner in custody has filed a statement to that effect that the petitioner has always been and is willing to marry the Prosecutrix and that on account of certain misgivings such allegations happened to be B.A.No. 3760 of 2007 2 raised. It is prayed that the petitioner may now be enlarged on bail, subject to appropriate terms and conditions.

3. The learned Prosecutor, in these circumstances, does not oppose the application for bail. He only submits that appropriate conditions may be imposed.

4. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions.

(a) He shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate.

(b) He shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon until further orders.

(c) The Investigating Officer shall make every endeavour to settle the disputes between the parties and facilitate an opportunity to the petitioner to comply with his offer to get married to the Prosecutrix, if the Prosecutrix is willing for the same. He can certainly make use of the Lok B.A.No. 3760 of 2007 3 Adalath conducted by the Legal Service Authority to achieve such harmony between the parties. (R. BASANT) Judge tm


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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