Petition filed under Section 438 Cr.P.C.
Petitioner is the accused in Crime No. 177/2014 of Panamaram Police Station which has been registered for the offences under Sections 376 and 506 (i) I.P.C.
2. He is alleged to have intimidated the victim and committed rape on her and has thus committed offences under Sections 376 and 506 (i) I.P.C. The submission of the learned Counsel for the petitioner is that the allegation is false.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The alleged incident happened at 11.30 a.m. on 04.04.2014 in a shed in an agricultural property. The police was informed of the incident only after one month. The de facto- complainant is aged 38 years. The very fact that there was much delay in informing the Police arouses suspicion about the genuineness of the allegation. It is admitted by the prosecution that the medical examination shows no signs of violence.
Having regard to these facts, I am inclined to grant the prayer of the petitioner. In the result, this application is allowed.
1. The petitioner shall be released on bail on their executing a bond for Rs. 25,000/- with two solvent sureties each for the like sum if he is arrested by the Police in connection with this case.
2. He shall appear before the Investigating Officer for interrogation between 10.00 a.m. and 11.00 a.m. on all Saturdays for two months.
3. He shall not destroy or tamper with evidence.
4. He shall not harass the de facto-complainant or her relatives, nor shall he communicate with her.
5. This order is not applicable if the petitioner choose surrender before the Magistrate concerned and in such case the learned Magistrate may take appropriate action in accordance with the law.
K. ABRAHAM MATHEW JV JUDGE