IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Bail Appl..No. 7231 of 2008(D) ------------------------------------- CRIME NO.386/2008 OF THE CHANDERA POLICE STATION PETITIONER/ACCUSED : ---------------------------- SURESHAN, S/O.KUNHIRAMAN, MACHIKKAD, UDINOOR AMSOM, KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, CHANDERA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.7231 OF 2008 -------------------------------- Dated this the 5th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 376 of I.P.C. According to prosecution, petitioner committed rape on the defacto complainant, aged 30 years on 07.10.2008 on the promise to marry her. 3. According to petitioner, the defacto complainant is a married woman and she wanted to marry petitioner. She filed a petition against petitioner on 20.10.2008 before the police. In that petition, no allegation of rape was made. A complaint was given to the Women Cell also by the defacto complainant (Annexure A1). It is only to coerce petitioner to marry the defacto complainant that a case of rape is alleged now, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the allegations in the complaint make out a case of rape. It is true that she had filed petition earlier but on the belief that petitioner would marry her, she had not stated B.A.No.7231 of 2008 2 about the rape in the said petition. It is not a fit case to grant anticipatory bail, it is submitted. On considering the rival contentions, I am satisfied that in the serious nature of the allegations made, it is not a fit case to grant anticipatory bail. The crime is registered as early as on 28.10.2008 and petitioner is not so far surrendered either before the police or the court. Hence the following order is passed : i) Petitioner is directed to surrender before the police forthwith and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. ii) No further application for anticipatory bail by petitioner in the same crime will be entertained by this court. The petition is dismissed. K.HEMA, JUDGE pac