IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 Bail Appl..No. 6390 of 2008() ----------------------------- CRIME NO.355/08 OF PAZHAYANGADI POLICE STATION PETITIONER: ACCUSED: ---------------------------- RAJESHKUMAR V.V., S/O.CHEMBILADAN KRISHNAN, AGED 32 YEARS, RESIDING AT CHERUTHAZHAM, P.O.MANDOOR, KANNUR DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): COMPLAINANT/STATE: --------------------------------- STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, PAZHAYANGADI POLICE STATION, KANNUR DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6390 of 2008 ----------------------------------------- Dated this the 22nd October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 376 the Indian Penal Code. According to prosecution, de facto complainant was called to the house of the accused and without her consent, he committed sexual intercourse with her. He also promised to marry her. The incident occurred on 16.11.2007. 3. Learned counsel for petitioner submitted that the complaint is filed only for pressurising the petitioner not to marry other lady. This petition is opposed. Learned Public Prosecutor submitted that in the nature of the allegations made, it is not proper to grant anticipatory bail. 5. On hearing both sides, I am not satisfied of the innocence of the petitioner, on the submissions made by learned counsel for petitioner, in a case of this nature, it is not fit to grant anticipatory bail. No special circumstances are also pointed out to invoke provision under Section 438 Cr.P.C. The crime was registered as early as on 5.9.2008 and the petitioner will be required for investigation and interrogation. Petitioner is directed to surrender before the investigating officer within seven days from today and co-operate with the investigation. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.