IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 Bail Appl..No. 129 of 2009() ---------------------------- CRIME NO. 734/2008 OF PAYYANUR POLICE STATION : PETITIONER/ACCUSED NO.3 ------------------------------------------- ANISH KUMAR.T., AGED 31 YEARS, S/O.AMBU, KUNNARU, RAMANTHALI (VIA), KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CR.NO.734 OF 2008 OF PAYYANUR POLICE STATION), KANNUR DISTRICT. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 129 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 15th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 341, 323, 511 and 376(g) IPC. According to prosecution, while de facto complainant was travelling in a motor cycle along with her son, petitioner and others intercepted the vehicle, took away the mother by force and petitioner attempted to commit rape on her. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. Petitioner is an autorickshaw driver and on the date of occurrence, petitioner had dropped a person at his destination and while he was returning he saw a crowd and enquired as to what had happened. Later he came to know that petitioner is implicated in an office like this. 4. This petition is opposed. Learned Public Prosecutor submitted that nature of allegations made against petitioner is serious and this is not a fit case to grant anticipatory bail. 5. On hearing both sides and on considering the nature of the allegations made, I am satisfied that it is not fit to grant anticipatory bail. Incident occurred as early as on 27-12-2008 BA 129/09 -2- and petitioner is bound to surrender before the Investigating Officer and co-operate with the investigation. Hence, petitioner is directed to surrender before the Investigating Officer 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.