IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Bail Appl..No. 5785 of 2008() ----------------------------- CRIME NO.592/2008 OF OTTAPALAM POLICE STATION PETITIONER : ACCUSED: ------------------------- MUTHALI, S/O.HYDER, PADINJARETHIL VEEDU, AMBALAPPARA, OTTAPALAM TALUK. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.I. OF POLICE, OTTAPALAM POLICE STATION. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------------- B.A.No.5785 of 2008 ------------------------------------------- Dated this the 19th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 366(A), 376 and 3(2)(v) of SC/ST (PA) Act. According to prosecution, a girl aged 13 years was taken away by the petitioner and she was subjected to rape by him. On a complaint filed by her mother as the defacto complainant, a crime was registered and the girl was traced out after two days. 3. Learned counsel for the petitioner submitted that the petitioner is absolutely innocent of the allegations made. He is implicated only because he is a friend of the child's father, who is at loggerhead with the mother. The child lived with the father at the time of alleged offence. 4. This petition is opposed. Learned public prosecutor submitted that a complaint was filed by the victim's mother alleging that the child was taken away by the petitioner. The crime was registered under Section 366(A) IPC and after two BA No.5785/08 2 days, the child was traced out and on questioning, it was revealed that she was taken away by the petitioner under the pretext of arranging a job for her and thereafter, she was raped by the petitioner. 5. On hearing both sides, I do not think it fit to grant anticipatory bail in a case of this nature. The petition is dismissed. K.HEMA, JUDGE csl