IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 Bail Appl..No. 3871 of 2008() ----------------------------- CRIME NO. 160/2008 OF CHERUPLASSERY POLICE STATION PETITIONER/ ACCUSED ------------------------------------ VEERANKUTTY, S/O.LATE ALAVI HAJI, AGED 41 YEARS, KULUKUMPARA, CHALAVARA POST, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.T.K.SAIDALIKUTTY SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SMT.SHEENA SAMUEL RESPONDENTS: ------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHERPULASSERY POLICE STATION, CHERUPULASSERY PALAKKAD DISTRICT. BY PUBLIC PROSECUTOR SRI K.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3871 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of June, 2008 O R D E R Application for anticipatory bail 2. According to the prosecution, the petitioner allegedly committed rape on the defacto-complainant who was working as a sales girl in the shop run by him. He committed the act making her belief that he would marry her. Later, she consumed poison and she was hospitalized, since the petitioner evaded from the responsibility when she felt that she was pregnant. 3. The learned counsel for the petitioner submitted that the First Information Statement itself will reveal that this is a case of voluntary sexual intercourse and the defacto-complainant is a major. 4. This application is opposed. It is pointed out by the learned Public Prosecutor that there is a clear allegation of rape in the year 2007, but later there was a promise to marry her and act was continued. The defacto-complainant had consumed poison and she was hospitalized. The Sessions Court has dismissed the application for anticipatory bail for valid reasons, it is stated. On hearing both sides and on perusing the case diary, I find that this is not a fit case to grant anticipatory. Hence, the application is dismissed. K. HEMA, JUDGE. mn.