Petition filed under Section 439(1) Cr.P.C.
2. Petitioner is the accused in Crime No. 543 of 2014 of Sooranadu Police Station registered for the offences under Sections 376 and 420 of IPC.
3. An intimacy developed between the petitioner and the de- facto complainant. It is alleged that he made a false promise that he would marry the de-facto complainant and obtained her consent for sexual intercourse. They had sexual intercourse. He has thus committed the offence of rape.
4. Heard both sides.
5. It is submitted by the learned counsel for the petitioner that the petitioner and the de-facto complainant are living together and that they have a child also. The petitioner has been in custody since 13.4.2014. It appears that further detention is not necessary for completion of investigation. Having regard to all these facts I am inclined to grant him bail.
6. In the result, this application is allowed on the following conditions.
B.A. No. 3094 of 2014 -2-
i. The petitioner will be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the concerned Court below.
ii. He shall appear before the investigating officer between 11 a.m and 12 noon on all the 2nd and 4th Tuesdays for one month, or till the final report is filed, whichever is earlier.
iii. He shall not threaten or attempt to influence the witnesses, nor shall he commit, while on bail, an offence similar to the offence which he is alleged to have committed; nor shall he destroy or attempt to destroy the evidence or interfere with the investigation.
If the petitioner violates any of the above conditions, the court of enquiry/trial is empowered to cancel the bail in accordance with the law.
K.ABRAHAM MATHEW, JUDGE.
kp/-