IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 27TH FEBRUARY 2007 / 8TH PHALGUNA 1928 Bail Appl..No. 1123 of 2007() ----------------------------- CRIME NO.10.07 OF KENICHIRA POLICE STATION : PETITIONER/ACCUSED: ------------------------------------ SADEEP, S/O. SEKHARAN, POTTIKUNNATHU VEEDU, MANADAVAYAL,ERULAM, WAYANAD. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.P.RANI DIOTHIMA RESPONDENT: COMPLAINANT/STATE: ------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/02/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - BAIL APPLICATION NO.1123 OF 2007 - - - - - - - - - ----------------------- - - - - - - DATED THIS THE 27th DAY OF FEBRUARY, 2007 O R D E R Petitioner who is the accused in Crime No.10/07 of Kenichira Police Station for offences punishable under sections 376 and 506(ii) IPC and section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeks anticipatory bail. 2. The case of the prosecution is that about four years prior to the lodging of the complaint, the petitioner on a false promise to marry the de facto complainant, who had been abandoned by her husband, committed rape on her resulting in the birth of a male child and that he has thereafter resiled from the promise and had threatened the victim with dire consequences in case she complains about the occurrence to anybody. 3. Anticipatory bail cannot be granted in a case of this nature. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer for interrogation and then to have his application for bail considered by the Magistrate expeditiously. Accordingly, the petitioner is directed to surrender before the Investigating Officer on any day between 05.03.2007 and 07.03.2007 for the purpose of interrogation including subjecting him to potency BA.1123/07 Page numbers test. The petitioner shall thereafter be produced on the same day before the Magistrate concerned. The Magistrate shall consider and dispose of the application, if any, filed by the petitioner for regular bail, preferably on the same date on which it is filed. This application is disposed of as above. V.RAMKUMAR, JUDGE dsn