IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 Bail Appl..No. 6566 of 2011() ----------------------------- CMP.2979/2011 of J.M.F.C., MANNARKAD .................... PETITIONER/SOLE ACCUSED ------------------------------------------- ANILKUMAR, AGED 26 YEARS, S/O.GOVINDANKUTTY NAIR,THEKKECHUNDAYIL VEEDU, KALLAMALA,AGALI,PALAKKAD DISTRICT. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT COURT OF KERALA, ERNAKULAM.REPRESENTING STATION HOUSE OFFICER, AGALI POLICE STATION,PALAKKAD DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. --------------------------------------- B.A.No.6566 of 2011 --------------------------------------- Dated this the 18th day of August, 2011 ORDER This is an application for bail filed under Section 439 of the Code of Criminal Procedure. Petitioner is the accused in crime No.169/2011 of Agali Police Station registered for the offence under Section 366 (A) and 376 of Indian Penal Code. 2. The prosecution case in brief is thus: The petitioner (accused) with false promises of marriage induced a 17 year old girl, the daughter of the defacto complainant, to leave with him while she was lodged in a hostel provided by her employer carrying textile business. The petitioner is alleged to have had sexual intercourse with the girl and thereby committed the offence imputed against him. A form of marriage is also stated to have been undergone by the petitioner with the girl before they cohabitated at the house of the petitioner. Later the girl left his company and returned to her mother, and the mother reported the matter to the police. A crime was registered and it is now under investigation. Petitioner was arrested on 28.7.2011. 3. Learned counsel for the petitioner submits that the B.A.No.6566 of 2011 2 cohabitation of the girl with the accused was voluntary and there was in fact a marriage between them following the rituals and ceremonies and the offences imputed against the petitioner are totally baseless. It is too early to hold that there was a valid marriage and the relationship between the victim and accused does not constitute the offences imputed against the petitioner. The age of the girl which is stated to be 17 years, cannot be ignored for a moment in examining the offences alleged against the petitioner. Considering the circumstances that the investigation is in the early stage I find the petitioner is not entitled to be released on bail now. If there is change of circumstances it is open to the petitioner to move for bail afresh after a period of three weeks. Bail application dismissed. sd/- S.S.SATHEESACHANDRAN, JUDGE. rkc //TRUE COPY// PA TO JUDGE