IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 Bail Appl..No. 5913 of 2009() ----------------------------- CRIME NO.360/2009 OF KOVALAM POLICE STATION .................... PETITIONER/ACCUSED : ----------------------------------- SURESH, S/O.BABU, KALUKULATHIL MELE VEEDU, THOZHICKAL, KOVALAM, VIZHINJAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOVALAM POLICE STATION. BY PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5913 of 2009 --------------------------------------------- Dated this the 20th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.360 of 2009 of Kovalam Police Station. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. The prosecution case is that from 8.4.2007 to 19.7.2009, on different occasions, the petitioner committed the offence. The victim girl was aged only 15 years in 2007. The victim as well as the petitioner are neighbours. It is alleged that the petitioner promised to marry the girl. But later, he resiled from the promise. The petitioner moved an application for anticipatory bail before the learned Sessions Judge. The learned Sessions Judge dismissed the application by the order dated 26th September 2009. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations BA No.5913/2009 2 levelled against the petitioner, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. It anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl