IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 Bail Appl..No. 7826 of 2008() ---------------------------------------- CRMP.3518/2008 of DISTRICT COURT, PALAKKAD CRIME NO.226/2008 OF AGALI POLICE STATION. .................... PETITIONER (S): SOLE ACCUSED -------------------- JAYAKRISHNAN, S/O. KUTTYRAMAN AGED 27 YEARS, KANJITHODIYIL VEEDU, MARAPPALAM, DHONIGUND ATTAPADY, MANNARKAD, PALAKKAD. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7826 OF 2008 ------------------------------ Dated this the 19th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 376 I.P.C. According to prosecution, petitioner allegedly committed rape on the defacto complainant on promise to marry her. 3. Learned counsel for petitioner submitted that petitioner and defacto complainant was having close relationship and when the defacto complainant became pregnant, mediators intervened and an agreement was executed as Annexure I, agreeing to accept the defacto complainant and the child on proof of paternity by DNA test. Petitioner is innocent of the allegations made and he may be granted anticipatory bail, it is submitted. 4. Learned Public Prosecutor submitted that as per the allegations in the F.I. Statement, petitioner had physical relationship with the defacto complainant and it is not a fit case to grant anticipatory bail. The attitude of petitioner after defacto complainant became pregnant is also to be taken into B.A.No.7826 of 2008 2 account for considering whether anticipatory bail may be granted, or not. On hearing both sides and on going through the records, I do not think that it is a fit case to grant anticipatory bail. The crime was registered as early as on 03.11.2008 and petitioner is required for the purpose of 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. The petition is dismissed. K.HEMA, JUDGE pac