IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Bail Appl..No. 5131 of 2008() ------------------------------------ CRIME NO.233/08 OF KILIMANOOR POLICE STATION PETITIONER ------------------------------ M.RAMAKRISHNA PILLAI, S/O.G.MADHAVAN PILLAI, AGED 60 YEARS, KULANGARA VEEDU, KILIMANOOR. BY ADV. SRI.AVM.SALAHUDIN SRI.SURESH SIVAPURAM RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5131 of 2008 ----------------------------------------- Dated this the 3rd October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 366(A) and 376 of Indian Penal Code. According to prosecution, first accused was the neighbour of the de facto complainant. He was working as the driver of the fifth accused. The first accused subjected the de facto complainant to sexual harassment even since the age of 10 years. Thereafter, she was taken to the fifth accused, for whom, he was working as a driver. Fifth accused also committed rape on her. Several other persons, as many as 26 persons, committed rape on her on different dates, is the allegation. 3. Learned counsel for petitioner submitted that the petitioner's name is not mentioned in the First Information Statement. But police is in search of the petitioner and he apprehends arrest. 4. This petition is opposed. Learned Public Prosecutor submitted that the crime is registered on 20.5.2008 and petitioner's name and details were stated in the FIR itself. After the registration of the crime, the de facto complainant did not turn up. None of the accused also could be arrested. Petitioner is the fifth accused in the BA.5131/08 2 crime. In a case of this nature, at this stage of investigation, if anticipatory bail is granted to the petitioner, it will adversely affect the investigation, it is submitted. It is also submitted that the name of the petitioner is shown in the First Information Statement itself and subsequently also the de facto complainant has made specific reference to the petitioner, giving the various details which are sufficient to identify the petitioner. 5. On hearing both sides, I am satisfied that though the crime was registered, as early as on 20.5.2008, the investigation could not be proceeded with, since the de facto complainant was not available for further questioning. The petitioner was successful in evading arrest for the past about four months. In the nature of allegations made and considering the nature of investigation required and the special circumstances pointed out by the learned Public Prosecutor, I am satisfied that this is not a fit case to grant anticipatory bail. The petitioner shall surrender before the the learned Magistrate concerned or investigating officer within ten days from today and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE vgs.