IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Bail Appl..No. 7221 of 2008() ------------------------------------ CRIME NO.355/2008 OF PAZHAYANGADI POLICE STATION .................... PETITIONER/ACCUSED : ----------------------------- RAJESHKUMAR V.V, S/O. CHEMBILADAN KRISHNAN, AGED 32 YEARS, RESIDING AT CHERUTHAZHAM, P.O. MANDOOR, KANNUR DIST. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT/COMPLAINANT/STATE : ---------------------------------------------- STATE OF KERAL, REP. BY STATION HOUSE OFFICER, PAZHAYANGADI POLICE STATION, KANNUR DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7221 OF 2008 ------------------------------ Dated this the 27th day of November, 2008 O R D E R This petition is for bail. 2. The alleged offence is under Sections 376 of I.P.C. According to prosecution, petitioner and defacto complainant are neighbours. On the crucial day, petitioner went to the house of the defacto complainant and told her that there was a telephone call for her. Accordingly she went to the petitioner's house, from where she was subjected to rape against her will and consent. Later, he promised to marry her and on such promise, she was raped on subsequent days also. 3. Learned counsel for petitioner submitted that offence of rape is not attracted in this case. Because, as per the allegations, the act was committed on promise to marry and the defacto complainant was a willing partner. Petitioner is in custody from 23.10.2008 onwards. 4. This petition is opposed. Learned Public Prosecutor submitted that in the nature of allegations made, it is not fit to grant bail to the petitioner at this stage. The investigation is B.A.7221 of 2008 2 at the initial stage. The petitioner and the defacto complainant are neighbours. If he is released on bail, it is likely that he will tamper with evidence and influence or intimidate witness. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor and I am not inclined to grant bail to petitioner at this stage. The petition is dismissed. K.HEMA, JUDGE pac