IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 Bail Appl..No. 4173 of 2008() ----------------------------- CRIME NO.63 OF 2008 OF KEEZHVAYPUR POLICE STATION PETITIONER/2ND ACCUSED --------------------------------------- RAJA, S/O.VISWAHETHU, RAJAMANI COMPOUND, CHINNAKKARA VILLAGE, THANCHAVOOR, TAMILNADU. BY ADV. SRI.T.P.PRADEEP RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.4173 of 2008 ----------------------------------------- Dated this the 30th day of June, 2008 O R D E R This petition is for bail. 2. Petitioner is the second accused in the crime. According to prosecution, first accused promised to arrange job for two minor girls in Baniyan Company at Tirupur and he took the girls to Tirupur. In a lodge one of the girls, Shiji was introduced to the second accused-petitioner and second accused committed rape on her. First accused committed rape on Ranjini, the other girl. 3. Learned counsel for petitioner submitted that there is no allegation against the petitioner and petitioner is in custody for the past 37 days. The alleged offences are under Sections 120(B), 366 (A) and 376 read with 34 of Indian Penal Code. 4. Learned Public Prosecutor opposes this petition and submitted that rape was allegedly committed by the petitioner against one Shiji, who is a minor aged 17 years. But, learned counsel for petitioner submitted that the sexual act was committed with consent of the child and hence bail may be granted. Sexual intercourse, with consent, on a minor child constitute offence of rape and hence it cannot be said that the petitioner has not allegedly committed any offence. 5. On hearing both side, I am not inclined to grant bail at this stage. This petition is dismissed. K.HEMA, JUDGE vgs.