IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 Bail Appl..No. 2395 of 2010() ----------------------------- (IN CRIME NO.554 OF 2009 OF VADAKKEKAD POLICE STATION, THRISSUR DISITRICT) PETITIONER/ACCUSED NO.2 ------------------------------------------- MAJEED, AGED 26 YEARS, S/O. ABBOBACKER, KALAPPADIYIL HOUSE, PUNNAYOOR.P.O VADAKKEKAD VIA, CHAVAKKAD. BY ADV. SRI.GEORGE MATHEW RESPONDENT: --------------- STATE OF KERALA, REP. BY S.I. OF POLICE, VADAKKEKAD POLICE STATION,THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------ B.A. No. 2395 of 2010 ------------------------------------ Dated this the 17th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. According to the prosecution, the first accused was in love with de facto complainant aged 31 years and in October 2009, she was taken to a lodge in Guruvayoor by both accused Nos.1 and 2 and they committed rape on the de facto complainant after giving sedative to her by the first accused. Nude photographs of the de facto complainant were taken by the first accused. Those were circulated and the complaint was lodged on 22.11.2009. 3. The learned counsel for the petitioner submitted that there is only a bare allegation that the rape was committed by the petitioner, who is the second accused. According to the de facto complainant, she was in love with the first accused and the sedative was also given by the first accused and not the petitioner. The photographs were also allegedly circulated by the first accused only. 4. This petition is strongly opposed by learned Public B.A. No. 2395 of 2010 2 Prosecutor and he submitted that taking into consideration the nature of the offence committed, anticipatory bail may not be granted. On hearing both sides, I find that F.I. Statement was lodged as early as on 22.11.2009, about more than four and half months. Later, this anticipatory bail application is filed on 13.04.2010. The petitioner could not be arrested so far. I am satisfied that considering the nature of the offence committed, this is not a fit case to grant anticipatory bail. 5. Hence the following order is passed: Petitioner shall surrender before the investigating officer or Magistrate Court concerned within one week from this date of this order and co-operate with the investigation. This petition is dismissed K. HEMA, JUDGE ln