IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 Bail Appl..No. 4389 of 2010() ----------------------------- CRIME NO.559/2010 OF CHAVAKKAD POLICE STATION, THRISSUR. (S): PETITIONR/2ND ACCUSED ----------------------------------------- RIYAS, 26 YEARS, S/O. KUNHALI, KURIKKALAKATH THAIPARAMBIL, WESTERN SIDE OF KAJAH COMPANY, EDAKKAZHIYOOR. BY ADV. SRI.RAJIT RESPONDENT(S): --------------- STATE OF KERALA, REPRESNTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, AT ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4389 of 2010 ---------------------------------------------- Dated 28th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are 406, 420, 498A and 376 of the Indian Penal Code. According to prosecution, first accused married defacto complainant. While she was residing in first accused's house, the first accused along with his near relatives treated her with cruelty and misappropriated 50 sovereigns of gold and Rs.1 lakh. The first accused married another woman during the subsistence of marriage with defacto complainant and he is residing in Gulf country along with the second wife. The first accused and family members conspired to expel defacto complainant from the matrimonial house. One of the methods adopted by them was heinous. The second accused who is the younger brother of defacto complainant's husband committed rape on her on 2.10.2009 with the aid and connivance of the other members of the family, when first accused was not present in the house. 3. Learned counsel for petitioner submitted that no BA NO.4389/10 2 rape is committed by petitioner. The allegations made against him in paragraph 7 of the complaint are highly improbable. It is difficult to believe that the mother and sister of petitioner would allow or aid the petitioner to commit an offence of rape on his sister-in-law, it is submitted. The defacto complainant was having an affair with an autorikshaw driver and she became pregnant through him. It is only to wriggle out of such a situation that petitioner's name is implicated, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the allegations made in the complaint, there is a clear case of rape committed by petitioner on defacto complainant. It is also pointed out that defacto complainant is not divorced by her husband, who is the brother of petitioner. It is not fit to grant bail to petitioner at this stage, it is submitted. 5. On hearing both sides and on going through the case diary, I find that the allegations made in the complaint are serious in nature. The investigation is in progress. The defacto complainant has allegedly become pregnant through petitioner who is none other than the brother of her husband. Petitioner was not able to probabilise his innocence, even by any circumstances. BA NO.4389/10 3 In such circumstances, I am not inclined to grant bail to petitioner at this stage. Petition is dismissed. K.HEMA, JUDGE. tgs