IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 14TH JULY 2010 / 23RD ASHADHA 1932 Bail Appl..No. 4090 of 2010() ----------------------------- CRIME NO.227/2010 OF VARAPPUZHA POLICE STATION, ERNAKULAM. (S): PETITIONR/ACCUSED ------------------------------------- ROCKY @ JOMON, AGED 21 YEARS, S/O.THOMAS JOSEPH, KOTTANGAL HOUSE, MATHILAKAM MUKKU, KATTAPPANA, IDUKKI DISTRICT. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE VARAPUZHA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4090 of 2010 ---------------------------------------------- Dated 14th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 366A and 376 of the Indian Penal Code. According to prosecution, on 13.7.2008 and 1.9.2008, petitioner had sexual intercourse with defacto complainant, while she was a minor, aged 15 years. She became pregnant and though petitioner promised to marry her, he backed out from the promise. A child was born and therefore, on 24.4.2010, defacto complainant lodged a complaint and the crime was registered. 3. Learned counsel for petitioner submitted that the alleged victim and petitioner were in love with each other. Petitioner's parents were not agreeable for the marriage and therefore, it fizzled out. Petitioner is in custody for the past 33 days, with effect from his arrest on 11.6.2010. 4. This petition is opposed. Learned Public Prosecutor submitted that being a girl aged 15 years, even if sexual intercourse is committed with consent, it amounts to rape and it is BA NO. 4090/10 2 not fit to grant bail to petitioner at this stage. 5. On hearing both sides, I am satisfied that it may not be proper to grant bail to the petitioner at this stage. Petition is dismissed. K.HEMA, JUDGE. tgs