IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 Bail Appl..No. 245 of 2009() ---------------------------- CMP.106/2009 of J.M.F.C.-II,KOTTARAKKARA CRIME NO.836/08 OF KADACKAL POLICE PETITIONER -------------------- SALIM, S/O.SHAMSUDEEN, NEDUMPURATHU VEEDU, KOTTUKAL MURI, KOTTUKAL VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY DIRECTOR OF PUBLIC PROSECUTION HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KADACKAL POLICE STATION, KADACKAL, KOLLAM DISTRICT. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 245 of 2009 ----------------------------------------- Dated this the 22nd January, 2009 O R D E R This petition is for bail. 2. The alleged offences are under Section 376 of the Indian Penal Code. According to prosecution, petitioner committed rape on de facto complainant, who is aged 40 years. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. Petitioner and de facto complainant was having relationship earlier also. Both are unmarried and a reading of First Information Statement itself will reveal that the incident did not take place as alleged. Petitioner is in custody from 22.12.2008 onwards and he may be granted bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that First Information Statement will reveal that the act was committed without consent. At this stage, it is not possible to infer that the incident could not have happened as alleged, it is submitted. The investigation is at the initial stage BA.245/09 2 and the medical report is not yet received and hence, this petition is opposed. 5. On hearing both sides and on going through the case diary, I find that the investigation is at the initial stage and if bail is granted, it will adversely affect the investigation. At this stage of investigation, it may not be proper to come to any finding based on the First Information Statement that the incident was with the consent of the prosecutrix. Petition is dismissed. K.HEMA, JUDGE vgs.