SAJEEV CHANTHOMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is the first accused in Crime No.114/2006 of Kodencherry Police Station for an offence punishable under section 376 read with section 34 IPC, seeks anticipatory bail.

(2.) Learned Public Prosecutor submitted that the case of the petitioner that he has married the de facto complainant's daughter is true and that she is presently staying with the petitioner. According to the petitioner, the complaint was lodged at the instance of the de facto complainant with a view to prevent the petitioner from marrying his daughter with whom the petitioner was in love.

(3.) Having regard to the peculiar facts and circumstances of the case, I am inclined to direct the petitioner to surrender before the Investigating Officer for the purpose of potency test and then to have his application for regular bail ordered by the Magistrate. Accordingly, the petitioner is directed to surrender before the Investigating Officer on any day between 26.2.2007 and 28.2.2007 for the purpose of the potency test. Thereafter, he shall be produced on the same day before the concerned Magistrate, who shall release the petitioner on bail on appropriate conditions. This application is disposed of as above.