IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1670 of 2008() ----------------------------- CRIME 32/08 OF MUNAMBAM POLICE STATION .................... PETITIONER /ACCUSED NO.1 ----------------------------- JESTINE, S/O.JOY, AGED 23 YEARS ARAKKAL HOUSE, WEST OF MANI BAZAR PALLIPURAM. BY ADV. SRI.P.L.DEVADAS RESPONDENTS: COMPLAINANTS ------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, ERNAKULAM. 2. S.I. OF POLICE MUNAMBAM POLICE STATION, MUNAMBAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1670 OF 2008 E ```````````````````````````````````````````````````` Dated this the 24th day of March, 2008 O R D E R Second application for regular bail by the petitioner, who is the 1st accused in a crime registered alleging offences punishable, inter alia, under sections 376(g) and 307 IPC. I have adverted to the facts in detail while disposing of the earlier application for regular bail by order dated 22.2.08 in BA.1016/08. The alleged incident took place on 24.1.08. With no intention to have any lasting intimacy with the victim girl the petitioner pretended to be in love with her. She was induced to go with him on the promise that she will be taken to his parents and arrangements for marriage can be done. But she was not taken to his house, but she was taken to Cherai beach. He forcibly had sexual intercourse with her. Then in an attempt to avoid any responsibility, he allegedly threw her to his friends to have sexual intercourse with her. The girl ran for shelter to a nearby Resort where the Guard and Manager took pity on her and took her to police. Thus the crime was registered. The alleged incident took BA.1670/08 : 2 : place on 24.1.08. The petitioner remains in custody from 29.1.08. The learned counsel for the petitioner prays that the petitioner may now be enlarged on bail. 2. I have adverted to the facts in detail in the earlier order. This order must be read in continuation of the said order. 3. The learned Public Prosecutor opposes the application. I find merit in that opposition. I am not persuaded to agree that the petitioner deserves to be enlarged on bail at present. Considering the nature and gravity of the allegations, I am satisfied that the petitioner is not entitled to be enlarged on bail now. 4. In the result, this petition is dismissed. However, I may hasten to observe that the petitioner shall be at liberty to move this Court for bail again at later stages of the investigation not, at any rate, prior to 7.4.08. The investigators shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) aks