IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Bail Appl..No. 359 of 2009(F) ----------------------------------- CRIME NO.812/08 OF MEDICAL COLLEGE POLICE STATION, KOZHIKKODE PETITIONER/ACCUSED : ----------------------------- PRAJITH, S/O.PREMARAJAN, AGED 21 YEARS, VALAPPIL HOUSE, PERUMANNA, KOZHIKKODE DISTRICT. BY ADV. SRI.BABU S.NAIR RESPONDENT/STATE : -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKKODE - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------- B.A. No.359 OF 2009 ---------------------------- Dated this the 28th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 366 of I.P.C. According to prosecution, petitioner kidnapped a minor girl from the lawful guardianship of her parents and seduced her to sexual intercourse with petitioner and thereby committed the offence. 3. Learned counsel for petitioner submitted that petitioner married the girl in respect of whom the complaint is filed. Thereafter, police was harassing petitioner and his wife (who is the alleged victim in this case) and they were forced to file W.P.(C) No.573 of 2009 before this court and it is specifically stated therein that they are married though from different castes. In such circumstances, it cannot be said that there was any compulsion to have sexual intercourse or that she was seduced to have sexual intercourse. It is also submitted that the alleged victim is aged more than 17 years at the time of marriage and even if there is sexual intercourse, B.A.No.359 of 2009 2 this is not a case of rape and even if contentions of the prosecution is accepted, the act committed may constitute only offence under Section 363 of I.P.C., which is bailable. The uncle of the alleged victim filed a complaint alleging that she was missing and on the basis of the same, a crime was registered under the caption 'man missing'. On hearing both sides, in the nature of the allegations made, I find that it may not be proper to grant anticipatory bail considering the nature of the allegations made. Petitioner is bound to surrender before the Magistrate court or before the police without any delay and co-operate with the investigation, in which event, the offence involved can be treated as one under Section 363 of IPC, for the purpose of bail. Hence, petitioner is directed to surrender before the Magistrate court concerned or before the police within seven days from today and co-operate with the investigation. While doing so, for the purpose of bail, offence committed in this case will be treated as one falling under Section 363 of I.P.C., B.A.No.359 of 2009 3 which is a bailable offence. With this observation and direction, the petition is disposed of. K.HEMA, JUDGE pac