IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 Bail Appl..No. 5147 of 2008() ----------------------------- CMC.749/2008 of SESSIONS COURT,KOZHIKODE CRIME NO.438/2008 OF BALUSSERY POLICE STATION .................... PETITIONER/ACCUSED : ------------------ V.M.GOPI, S/O.BALAN, AGED 31 YEARS, VAZHORAMALAYIL VEEDU, PANANGAD AMSOM DESOM, KOZHIKODE. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT/COMPLAINANT : ---------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR (REPRESENTING S.I. OF POLICE, BALUSSERY POLICE STATION), HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5147 OF 2008 ------------------------------ Dated this the 18th day of August, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 376 of I.P.C. According to the prosecution, on 15.03.2008 at about 8.30 P.M. while the defacto complainant was retuning home after work, the accused committed rape on her without her consent. Being concerned about reputation, she did not disclose the matter to anybody immediately. But after 2 to 3 days, she told about the incident to her elder sister. A complaint was given by her before the Vanitha Cell after 4 months. 3. The learned counsel for the petitioner submitted that the petitioner and the victim are aged about 30 years and there was no rape without consent. The allegations made reveal that there was a promise to marry and the act was not committed without consent as per the allegations of the prosecution itself. There was a delay also in filing the complaint. The petitioner is in custody for the past more than one month. Hence it is submitted B.A.5147/2008 2 that bail may be granted. 4. This petition is opposed. Learned Public Prosecutor submitted that it is clearly stated in the First Information Statement itself that the act was committed without her consent. The delay was also explained by the defacto complainant. The investigation is at the preliminary stage and if the petitioner is released on bail at this stage, it will adversely affect the investigation, it is submitted. On hearing both sides, I am not inclined to grant bail at this stage. The petition is dismissed. K.HEMA, JUDGE scm