Kerala High Court
Mangalam Basheer vs The State Of Kerala on 11 January, 2008
Author: R. Basant
Bench: R.Basant
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 10 of 2008()
1. MANGALAM BASHEER, S/O. IBRAHIM,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :11/01/2008
O R D E R
R. BASANT, J.
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B.A. No. 10 OF 2008 A
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Dated this the 11th day of January, 2008
O R D E R
Application for anticipatory bail. Petitioner faces allegations in a crime. It was initially registered under the caption "woman missing". Subsequently, allegations under Sections 376 and 366 IPC have been included.
2. The victim girl is admittedly above the age of consent and age of minority. She is aged 19 years. From 21.7.07 she was found missing. Her father filed a complaint on the basis of which the crime under the caption "woman missing" was registered on 22.7.07. On 26.7.07 she returned to her house. She advanced her version before her parents that the petitioner had forcibly taken her away and subjected her to sexual intercourse in a lodge at Calicut and later at Mysore. It was also alleged that a ring of hers was taken away and sold by the petitioner.
2. The learned counsel for the petitioner submits that BA.10/08 : 2 : the petitioner is absolutely innocent. Even if all allegations were accepted, it was an instance of consensual sexual intercourse between the petitioner and the girl who has crossed the age of minority. The petitioner does not deserve to endure the trauma of arrest and detention, submits the learned counsel for the petitioner.
3. The learned Public Prosecutor does not oppose the application and I am satisfied in these circumstances that anticipatory bail can be granted to the petitioner subject to appropriate terms and conditions which shall ensure the interests of fair and expeditious investigation.
4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner.
i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 18.1.08. He shall be released on regular bail on condition that he executes a BA.10/08 : 3 : 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 3 p.m on 21.1.08 and 22.1.08. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the conduct of the proper investigation including the conduct of a potency test.
iii) Thereafter, he shall appear before the investigating officer on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months and subsequently as and when directed by the investigating officer in writing to do so.
(iv) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with BA.10/08 : 4 : law, as if these directions were not issued at all.
(v) If he were arrested prior to 18.1.08, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 18.1.08.
(R.BASANT, JUDGE) aks