IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Bail Appl..No. 7403 of 2008 ------------------------------------- (CRIME NO.66/2008 OF MUKKOM POLICE STATION, KOZHIKODE) ................. PETITIONER/ACCUSED NO.3: ------------------------------------------ NAJUMUNEESA, D/O. MUHAMMED, AGED 18 YEARS, THENANGA PARAMBA, NOORANTHODE P.O., KODENCHERRY AMSOM DESOM, KOZHIKODE TALUK. BY ADVS. SRI.R.SUDHISH, SMT.M.MANJU. RESPONDENT/ COMPLAINANT: --------------------------------------------- THE STATION HOUSE OFFICER, MUKKOM POLICE STATION, KOZHIKODE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7403 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 120B and 376 IPC. According to prosecution, a conspiracy was hatched among petitioner (A3) and accused 1 and 2 and, accordingly, the alleged victim was procured by the 3rd accused for the purpose of sexual intercourse by accused 1 and 2. The victim was brought to the house of 3rd accused from where 1st accused committed rape on her. Thereafter, 2nd accused found the victim and promised to give her shelter and took her away and committed rape on her. Since the victim was missing from her house, her mother gave a complaint on 4-2-2008. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. She is a woman and though the complaint was lodged as early as on 4- 2-2008, it is only much after the registration of the crime, as per her statement under section 164 Cr.P.C. of the alleged victim that petitioner is now implicated in the offence. Statement under section 164 Cr.P.C. was recorded on 28-3-2008 wherein she has BA 7403/08 -2- alleged that she was taken by the 3rd accused to her house from where the 1st accused committed rape. Petitioner is absolutely innocent and she was falsely implicated at a highly belated stage, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that this is not a case where petitioner was implicated at a highly belated stage. In the complaint lodged by the alleged victim's mother on 4-2-2008 (based on which the F.I.R. is registered). There is a clear indication about the involvement of petitioner in the case. The girl had written a letter stating that she was cheated by petitioner and this fact is stated by de facto complainant in the First Information Statement itself. 5. On hearing both sides, I am satisfied that in the nature of the allegations made it cannot be said that petitioner's involvement was brought to light only at a highly belated stage. Considering the serious nature of allegations made I am satisfied that it is not a fit case to grant anticipatory bail. 6. Crime was registered on 4-2-2008 and petitioner has not surrendered either police or before the court. Hence, petitioner is directed to surrender BA 7403/08 -3- before the police without any delay and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.