IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Bail Appl..No. 5790 of 2008() ----------------------------- CRIME NO.27/08 OF ALAKODE POLICE STATION PETITIONER/ACCUSED ----------------------------------- SAJU THOMAS, AGED 28, CHEENKALLEL HOUSE, KUTAMPARAMBU P.O., ALAKODE. BY ADV. SRI.VIJU ABRAHAM SRI.JOY C. PAUL SRI.DOMINIC JOHNSON RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5790 of 2008 ------------------------------------------------- Dated this the 19th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 376 IPC. According to prosecution, the defacto complainant who is a Hindu was married by the petitioner who is a Christian by religion. They lived together for three days and during these days, petitioner committed rape on the defacto complainant. Hence, a private complaint was filed by the defacto complainant before the Magistrate Court, which was forwarded under Section 156(3) Crl.P.C., and a crime was registered against the petitioner. 3. Learned counsel for the petitioner submitted that going by the allegations in the complaint, offence under Section 376 IPC will not be attracted. Hence, he may be granted bail. 4. Learned public prosecutor submitted that it appears that no marriage was registered between the parties though they belong to different religion. BA No.5790/08 2 5. After hearing both sides, on the facts of this case, I need not go into the technicalities at this stage. In the nature of the allegations made, I am not inclined to grant anticipatory bail. Petitioner may move the appropriate court for regular bail. The petition is dismissed. K.HEMA, JUDGE csl