IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Bail Appl..No. 3700 of 2010() ----------------------------- (CRIME NO.274/2010 OF KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT) PETITIONER/4TH ACCUSED ------------------------------------------ NAJEEB,AGED 20 YEARS,S/O.POKKURU, PULICHARAMVEETTIL HOUSE,CHOWALLUR,KANDANASSERY, THRISSUR DISTRICT. BY ADV. SRI.K.I.SAGEER RESPONDENT(S): --------------- STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE,KUNNAMKULAM POLICE STATION, (CRIME NO.274/2010)REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3700 OF 2010 -------------------------------- Dated this the 22nd day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offence is under Section 376(g) of IPC. According to prosecution, first accused committed rape on de facto complainant on several occasions promising to marry her,. Thereafter, accused numbers 2 to 5 also committed gang rape on her. 3. Learned counsel for petitioner submitted that de facto complainant has no such case in the FIS that petitioner who is the 4th accused committed rape on her. The allegations were made against first accused only. 4. Learned Public Prosecutor submitted that on investigation it was revealed that accused Nos.2 to 5 also had committed gang rape on de facto complainant. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides and on considering the serious nature of allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. It is true that no allegation is made B.A No.3700 OF 2010 2 against petitioner by de facto complainant as per FIS. But, it was on investigation that it was revealed that petitioner had also committed rape on de facto complainant. Petition is dismissed. K.HEMA JUDGE vdv