IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Bail Appl..No. 6767 of 2008() ------------------------------------ STC.662/2008 of J.M.F.C.,TALIPARAMBA CRIME NO.576 OF 2008 OF MATTANNUR POLICE STATION .................... PETITIONERS/ACCUSED NOS.1 AND 2 : ------------------------------------------------ 1. K.K.KRISHNAN AGED 39 YEARS,S/O. M.KUNHIKRISHNAN NAMBIAR KUTTUVA, PERUVALATHUPARAMBA P.O., IRIKKOOR, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. MANGATTU PUTHIYA PURAYIL MOIDEEN, AGED 31 YEARS, S/O.MUHAMMED, ARIMBRA, CHENGALAY, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENTS/COMPLAINANT & STATE : --------------------------------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER (CRIME NO.576 OF 2008 OF MATTANNUR POLICE STATION MATTANNUR, KANNUR. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6767 OF 2008 ------------------------------ Dated this the 7th day of November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 506(i), 511 of 376 read with Section 34 I.P.C. According to prosecution, defacto complainant was taking care one Ibrahim's mother who is deaf and blind. On 29.09.2008 at about 5 pm, the petitioners (accused nos.1 and 2) trespassed into the house where Ibrahim's mother and defacto complainant were residing and one of them showed a currency note of Rs.1,000/- towards defacto complainant and other accused caught hold of her and they attempted to commit rape on her 3. Learned counsel for petitioners submitted that this is an absolutely false case which was foisted at the instance of Ibrahim. There was a property transaction between Ibrahim and petitioners and Ibrahim issued a cheque which was dishonoured. A complaint was filed against Ibrahim under section 138 of N.I. Act and hence this false complaint is lodged by making defacto complainant an instrument. It is also submitted that the allegations will not be constitute attempt to rape. B.A.6767 of 2008 2 4. This petition is opposed. Learned Public Prosecutor submitted that case diary reveals that there was an attempt to commit rape and defacto complainant has given the details of the overt acts committed by petitioners. On the allegations made, it is not a fit case to grant anticipatory bail, it is submitted. On hearing both sides, I find that allegations made against petitioners are serious in nature and at this stage, without sufficient materials on record it cannot be appreciated why defacto complainant should foist and false case against petitioners and that too, involving offence under Sections 511 of 376 I.P.C. Considering the nature of allegations made, I find that it is not a fit case to grant anticipatory bail. The petitioners are required for investigation and they were not available for interrogation. Petitioners shall surrender before Investigating Officer and co-operate with investigation. Whether they surrenders or not, police will be at liberty to arrest petitioners at any time. With this direction, this petition is dismissed. K.HEMA, JUDGE pac