IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Bail Appl..No. 3098 of 2010() ----------------------------- (CRIME NO. 109/2010 OF EDATHUA POLICE STATION) CRMP.1306/2010 of DIST & SESSIONS COURT, ALAPPUZHA .................... PETITIONER/ACCUSED -------------------------------------- RAJEEV, AGED 31 YEARS, S/O.KESAVAN, CHEMPAKASSERIL HOUSE, KOILMUKU SOUTH, EDATHUA VILLAGE, PANDANKARY P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.MATHEW JAMES RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- B.A. No. 3098 of 2010 --------------------------------------------------- Dated this 31st day of May, 2010. ORDER Petition for bail. 2. The alleged offence is under Section 376 of IPC. According to the prosecution, petitioner committed rape on his sister since the age of 13 years onwards. She also was impregnated and it was aborted by the brother, posing himself to be the husband for the hospital records. Thereafter, proposal came for the girl after a few years while petitioner showed medical records to them and the marriage proposal fistled out. Hence, de facto complainant was forced to file a complaint. Learned counsel for petitioner submitted that petitioner's mother attempted to sell ancestral property and the petitioner resisted the same and therefore a false complaint is filed by his sister. This petition is opposed. Learned Public Prosecutor submitted that in the light of the materials in the case diary this is not a fit case to grant bail to petitioner. 2 On hearing both sides and considering the serious nature of the allegations and the materials from the case diary, I am least inclined to grant bail to petitioner, even though investigation is over and charge sheet is laid, it is submitted. Petitioner may move appropriate court for early disposal of the case. This petition is dismissed. K. HEMA, JUDGE. Krs.