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Judgment
Petitioner herein is arrayed as the second
accused in Crime No.368/2017 of Kuttiyadi Police
Station, Kozhikode for offences punishable under
Section 376 (2) (n) of IPC and Section 466(e) of the
IT Act. It is alleged by the prosecution that the first
accused was having close acquaintance with the
defacto complainant. He invited her to the house of
the second accused, where the first accused
allegedly raped her and crime was registered. The
first accused was arrested. Petitioner herein
apprehends arrest and he seeks bail.
It appears that the main allegations are
against the first accused. No serious allegations are
raised against the petitioner herein. Having
considered it, I am inclined to grant anticipatory bail
to the petitioner herein on the following conditions:
(i) Petitioner shall appear before the
Investigating officer within ten days from today
and shall undergo interrogation. Thereafter, if he
is proposed to be arrested, he shall be released on
bail on he executing a bond for a sum of 40,000/-
(Rupees Forty thousand only) with two sureties
for the like sum each.
(ii) He shall appear before the Investigating
Officer as and when required for interrogation.
(iii) He shall not get involved in any other
identical offence and shall not threaten, coerce or
intimidate the defacto complainant or his witnesses.
The anticipatory bail application is allowed as
above.