IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 Bail Appl..No. 6638 of 2008() ----------------------------- CRMP.1801/2008 IN CRIME NO.740/08 OF ADOOR POLICE STATION .................... PETITIONER/ACCUSED:- ---------------------------------------- ASHRAF, AGED 30 YEARS, KUZHINJAYYATHU VEEDU, PARAKODE MURI, ADOOR VILLAGE . BY ADV. SRI.SAKIR.K.H. RESPONDENT(S): --------------- THE STATE OF KERLA, THROUGH THE SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No. 6638 of 2008 --------------------------------------------- Dated this the 6th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 376 read with Section 511 IPC. According to prosecution, a mentally retarded girl, aged 13 years, was raped by petitioner. On 2.9.2008, victim's mother found the accused molesting her and on seeing her, he escaped. The girl was taken to a doctor and she was examined by the doctor. Then it was revealed that she was subjected to rape. 3. Learned counsel for petitioner submitted that this is a falsely foisted case. A dispute is pending between the petitioner and the Muslim Jama-ath committee members of a Mosque. The defacto complainant, who is the mother of the victim, and petitioner are not on good terms. Therefore, a false case is foisted against him, it is submitted. There is also a delay of 16 days in lodging the complaint. It is also submitted that the crime was registered only under Section 354 IPC and later, Section 376 IPC was included with a view to harass the petitioner, it is submitted. BA No.6638 /2008 2 4. This petition is strongly opposed. Learned public prosecutor submitted that this is a case where the petitioner has allegedly committed rape on a mentally retarded 13 year old girl, which was confirmed on examination by the doctor. The defacto complainant's mother herself witnessed petitioner molesting her daughter. 5. On hearing both sides, considering the nature of allegations made, I am satisfied that it is not a fit case to grant anticipatory bail. Bare assertions will not establish innocence. There are no materials to support the plea of innocence except such assertions. The incident occurred as early as on 2.9.2008 and petitioner has not surrendered before police or the court. Hence, petitioner is directed to surrender before the Magistrate court concerned or the Investigating Officer and co-operate with the investigation without any delay. Whether the petitioner surrenders or not, police is at liberty to arrest petitioner at any time. With this direction, this petition is dismissed. K.HEMA, JUDGE csl