IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Bail Appl..No. 1906 of 2010() ----------------------------- CRIME NO.124/08 OF MUKKAM POLICE STATION, KOZHIKODE. (S): PETITIONER/ACCUSED -------------------------------------- FIROZ, S/O.ALI, CHATHAPARAMBIL VEEDU, KODIYATHOOR.P.O, MUKKAM - KOZHIKODE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. SUB INSPECTOR OF POLICE, MUKKAM POLICE STATION, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.1906 of 2010 ---------------------------------------------- Dated 24th May, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 376 and 313 of the Indian Penal Code. According to prosecution, petitioner and defacto complainant were in love with each other and they were having physical relationship and she became pregnant. It was caused to be aborted under compulsion from petitioner. 3. Learned counsel for the petitioner submitted that defacto complainant was having an affair with another man and they were living together. It is not correct to say that petitioner impregnated defacto complainant etc. 4. Petition is opposed. Learned Public Prosecutor submitted that case diary reveals serious allegations against petitioner and his involvement. 5. On hearing both sides and considering the nature of the allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. Petitioner was not able to substantiate his plea of innocence. Petition is dismissed. K.HEMA, JUDGE. tgs