IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Bail Appl..No. 6232 of 2008() ----------------------------- CRIME NO.269/2008 OF KATTUR POLICE STATION PETITIONER/1ST ACCUSED. ------------------------------------------- MADHU P.K., S/O.KUMARAN, PUTHUKATTIL HOUSE, P.O.MANAKULANGARA, KODAKARA. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT(S):COMPLAINANT. -------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. REPRESENTING THE S.I OF POLICE,KATTUR. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6232 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 377, 506(i) read with section 34 IPC. According to prosecution, petitioner (A1) and 2nd accused committed unnatural offence against a boy aged 14 years. De facto complainant who is the father of the boy filed a complaint on the basis of which a crime was registered. 3. Learned counsel for petitioner submitted that as per the allegations, petitioner had carnal intercourse with the boy on 11-6-2008 but as per his instruction, the allegations are false. According to him, de facto complainant and petitioner were friends, but there was some money transaction between them and there was a quarrel in respect of this and hence, a complaint was falsely foisted against petitioner, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the allegations made, 1st and 2nd accused committed offence on 11-6-2008 and 19-6-2008 and it is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, on the facts of this case, it is not a fit case to grant anticipatory bail. Though assertions are made that this is a false case, there is nothing to support the plea of BA 6232/08 -2- innocence. The crime was registered long back and petitioner is not available for interrogation or investigation. Hence, petitioner is directed to surrender before the Investigating Officer without any delay and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.