IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 Bail Appl..No. 5203 of 2011 CRMP.1570/2011 of SESSIONS COURT,THODUPUZHA CRIME NO.4/2011 OF THODUPUZHA POLICE STATION, IDUKKI DISTRICT. PETITIONER/ACCUSED AJIMON, S/O.GOVINDAN, AGED 29 YEARS, VADAYIKKARA HOUSE, THRIKKALATHURKARA, MULAVOOR VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.T.P.RAMACHANDRAN (THACHETH) SRI.N.C.MOHANAN RESPONDENT: COMPLAINANT THE STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING CIRCLE INSPECTOR OF POLICE, THODUPUZHA POLICE STATION, THODUPUZHA-685 584, IDUKKI DISTRICT. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5203 OF 2011 E ------------------------------------------------------ Dated this the 6th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.4 of 2011 of Thodupuzha Police Station, Idukki District. 2. The offences alleged against the petitioner are under Sections 376, 313, 493 and 406 of the Indian Penal Code. 3. The victim is a married woman having two children. The prosecution case is the following: The petitioner attempted to commit rape on the de facto complainant on 29.6.2009. Thereafter, the petitioner spread a rumour in the locality that he was in love with the de facto complainant. This adversely affected the marital relationship of the de facto complainant with her husband. They filed an application under Section 13B of the Hindu Marriage Act before the Family Court. The accused BAIL APPL. NO.5203 OF 2011 :: 2 :: induced her to marry him. Thereafter, the petitioner had sexual intercourse with the de facto complainant. It is alleged that at that time, the de facto complainant was not a divorced woman and therefore, the offence under Section 493 was committed. The de facto complainant filed a complaint before the Magistrate's Court and it was forwarded to the Police for investigation under Section 156(3) of the Code of Criminal Procedure. The investigation is going on. The petitioner apprehends arrest. 4. In the nature of the allegations levelled against the petitioner, custodial interrogation may be necessary. In a case of this nature, it is not proper to grant anticipatory bail to the petitioner. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/