IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 Bail Appl..No. 935 of 2008(S) ----------------------------- CMP.85/2008 of DISTRICT COURT, KALPETTA CRIME NO.487/07 OF MANANTHAVADY POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- SHAIJU MON A.K., S/O. LATE KUMARAN, AGED 29 YEARS, ALOOR HOUSE, THRISSILERY, MANANTHAVADY. BY ADV. SRI.GIRISH BABU RESPONDENTS: RESPONDENT ----------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 935 OF 2008 ------------------------------------------------- Dated this the 19th day of February, 2008 ORDER Application for anticipatory bail. The petitioner faces allegations in a crime registered for the offence punishable under Sec.376 read with Sec.511 of the IPC. The crime was registered on 25/11/07. The alleged incident took place on 23/11/07. The petitioner and the de facto complainant were previously acquainted. The petitioner allegedly went to the house of the de facto complainant when no other person was available in the house. He was welcomed as a respectable guest; but he abused the liberty that was granted to him and allegedly attempted to commit rape on the victim – a young unmarried woman. Hearing her cries, the neighbours rushed to the scene and the petitioner was deterred. He ran away. The victim girl, in desperation, attempted to cut her vein B.A. No. 935 OF 2008 -: 2 :- though she asserts that she had not attempted to commit suicide. She was taken to the hospital. Her statement was recorded and the crime was subsequently registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He had nothing to do with any alleged incident in the house of the de facto complainant as alleged by the prosecution now. The de facto complainant is making wild allegations against him and the police are obliging the de facto complainant without conducting any proper investigation. In these circumstances, it is prayed that directions may be issued under Sec.438 of the Cr.P.C. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the allegations are serious and reveal a grave crime. The fact that the petitioner is acquainted with the victim or that he was welcomed by the victim when he came into her house is no reason to assume that the victim had consented to any sexual intercourse. In fact, the petitioner has no case that there was any love lost between them or that it was a case of consented sexual intercourse. 4. I have perused the Case Diary. Indications reveal that the neighbours hearing the cries of the victim had rushed to the B.A. No. 935 OF 2008 -: 3 :- scene of the occurrence. I shall not embark on any detailed discussions about the acceptability of the allegations or the credibility of the data collected. Suffice it to say that the totality of the inputs do not persuade me to hold that the allegations raised are such that the extraordinary equitable discretion under Sec.438 of the Cr.P.C. can or ought to be invoked. This, I am satisfied, is a fit case where the petitioner must resort to the ordinary and normal course of appearing before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the usual course. 5. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the Investigating Officer or the learned Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 935 OF 2008 -: 4 :-