IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 Bail Appl..No. 5702 of 2008() ----------------------------- CRMP.2029/2008 IN CRIME NO.90/06 OF PERUNAD POLICE STATION .................... PETITIONER/ACCUSED IN CUSTODY ---------------------------------------------- MONIVARNAN @ MUNI, S/O. DHARMARAJAN, DOOR NO.424, KAMAKSHIPURAM, THENI, THAMILNADU. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENT: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5702 of 2008 ------------------------------------------------- Dated this the 17th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Section 376 IPC. According to prosecution, petitioner committed rape on a girl aged 17 years on 24.12.2005 at about 1 p.m., while she was alone in the house. Thereafter, she had sexual relationship with the petitioner on several occasions and she became pregnant. She gave a complaint on 7.8.2006. 3. Learned counsel for the petitioner submitted that the petitioner belongs to Tamil Nadu and he was arrested on 10.8.2008 after lapse of a long period of the alleged incident. Petitioner is in custody for the past more than 30 days. 4. This petition is opposed. The alleged victim is aged 17 years and she became pregnant and the petitioner belongs to Tamil Nadu and he is likely to abscond. The petitioner could be arrested only on 10.8.2008, though the crime is registered two years back. 5. On hearing both sides, I do not think it fit to grant bail at this stage to the petitioner. The petition is dismissed. K.HEMA, JUDGE csl