IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Bail Appl..No. 2943 of 2010() ----------------------------- (CRIME NO.40/2010 OF VELLARADA POLICE STATION PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-III, NEYYATTINKARA) CMP.5382/2010 of J.M.F.C.-III,NEYYATTINKARA .................... PETITIONER/ACCUSED ----------------------------- JOY @ VINOD, S/O.NELSON, BROTHERS BHAVAN, ARUVIYODE, KUNNATHUKAL VILLAGE, NEYYATTINKARA. BY ADV. SRI.G.SUDHEER SMT.M.JAYASREE RESPONDENTS: COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VELLARADA POLICE STATION. PUBLIC PROSECUTOR SRI V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------- B.A.NO. 2943 OF 2010 ------------------------------------------------- Dated this the19th day of May, 2010. ORDER Petition for bail. 2. The alleged offences under Section 376 of Indian Penal Code. According to prosecution, petitioner and the defacto complainant are neighbors and they were having close acquaintance with each other and petitioner committed rape on her, on 13.11.2009 and earlier days. She became pregnant but petitioner refused to admit the responsibility. 3. Learned counsel for the petitioner submits that the petitioner is arrested on 21.4.2010 and he is in custody for the past 38 days. Petitioner has not committed any offence he has not even touched the defacto complainant and lawyer notice was issued to the defacto complainant and the copy is in Annexure B. Petitioner is prepared to undergo DNA test, it is submitted. 3. The learned Public Prosecutor submitted that the investigation is at the initial stage. If bail is grant at the stage of investigation it will adversely affect the investigation. I am satisfied B.A.NO. 2943 OF 2010 2 of the submissions made by learned Public Prosecutor and I am not inclined to grant bail to petitioner at this stage. Petition is dismissed. K.HEMA,JUDGE. pm