IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 Bail Appl..No. 2039 of 2010() ---------------------------------------- CRIME NO.71/2010 OF KANAKAKKUNNU POLICE STATION. PETITIONER/ACCUSED: ----------------------------------- BINU, MAADATHIL, MUTHUKULAM SOUTH, MUTHUKULAM VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS/COMPLAINANT: -------------------------------------------- 1. SUB INSPECTOR OF POLICE, KANAKAKKUNNU POLICE STATION. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. C.M. KAMAPPU, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.2039 of 2010 ------------------------------------ Dated this the 31st day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.71/2010 of Kanakakkunnu Police Station. 2. The offences alleged against the petitioner are under Sections 306 and 376 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 3. The prosecution case is that the petitioner was in love with the deceased girl. She belongs to a Scheduled Caste. It is alleged that the petitioner had sexually abused her. Later, the petitioner abandoned her. She committed suicide on 9/3/2010. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. If anticipatory bail is granted to the petitioner, it B.A. No.2039/ 2010 2 would adversely affect the proper investigation of the case. Custodial interrogation of the petitioner may be required in the case. For the aforesaid reasons, the prayer for anticipatory bail is hereby rejected. 5. The learned counsel for the petitioner submitted that the wedding of the petitioner is scheduled to be held on 5/4/2010. 6. The learned Public Prosecutor submitted that the submission made by the learned counsel for the petitioner is correct. 7. In the peculiar facts and circumstances of the case, it is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.71/2010 of Kanakakkunnu Police Station till 9/4/2010, on condition that the petitioner shall surrender his passport before the investigating officer before 5/4/2010. With the above directions, the Bail Application is dismissed. Hand over copy today itself. K.T. SANKARAN, JUDGE scm