IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 Bail Appl..No. 4317 of 2008() ----------------------------- CRIME NO.487/2008 OF ADOOR POLICE STATION PETITIONER/ACCUSED ----------------------------------- MOHANAN, AGED 25 YEARS, S/O.SANKARAN, ADOOSSERIL PADINJARAYPPURA, MUNDAPPALLY EAST, PERINGANAD VILLAGE, ADOOR TALUK. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ADOOR POLICE STATION. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4317 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2008 O R D E R Application for anticipatory bail. 2. The alleged offence is under section 376 IPC. Learned counsel for the petitioner submitted that the defacto-complainant is of a loose moral character and she had filed a similar complaint against another person by name Manu about one year prior to the lodging of the F.I.R. in this case. It is also pointed out that as per the allegation in the First Information Statement itself she had sexual intercourse with the petitioner on several occasions on the promise that he will marry her. It is also submitted that the defacto-complainant is aged 20 years. 3. This application is opposed. The learned Public Prosecutor submitted that in the First Information Statement itself it is alleged that the petitioner had committed rape on the defacto-complainant on 15-3-2008. It is clear from the statement that she was forcibly raped by the petitioner without her consent, though thereafter she had sexual intercourse with the petitioner on the promise that he will marry her. BA 4317/08 -2- 4. On hearing both sides, I find that this is not a fit case to grant anticipatory bail. The application is dismissed. K. HEMA, JUDGE. mn.