IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH APRIL 2008 / 5TH VAISAKHA 1930 Bail Appl..No. 2329 of 2008 ------------------------------------- (CRIME NO. 26/08 OF KOTTAPPADY POLICE STATION) ........... PETITIONER/ACCUSED: ---------------------------------- ANEESH ALIES PARU, AGED 25 YRS, S/O.K.V.KUNJAN, KALAMBATTUKUDY HOUSE, KOTTAPPADY VILLAGE, KOTTAPPADY.P.O. BY ADV. SRI.N.C.MOHANAN. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTTAPPADY. BY PUBLIC PROSECUTOR SRI. P. RAVEEDNRA BABU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/04/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = B.A. NO. 2329 OF 2008 = = = = = = = = = = = = = = = Dated this the 25th day of April, 2008. O R D E R This is an application for anticipatory bail in Crime No.26/08 of Kottapady Police Station registered under Section 376 of IPC. The accusation is that there had been a forcible rape on 20.3.08 at 6.45 p.m. by the petitioner. It is contended that it is a false case. The Court below on perusal of the records was not convinced about the case put forwarded by the petitioner. The Court also found that this is a matter which requires investigation. Benevolent provisions of Section 438 Cr.P.C. cannot be entertained in a case where the offence under Section 376 is involved. Therefore the bail application is dismissed. Sd/- M.N. KRISHNAN, JUDGE. ul/- [True copy] P.A. to Judge.