IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Bail Appl..No. 1016 of 2008() ----------------------------- CRMC NO.150/2008 OF SESSIONS JUDGE, ERNAKULAM CRIME NO.32/2008 OF MUNAMBAM POLICE STATION .................... PETITIONER/ACCUSED NO.1 ---------------------------------------- JESTINE, S/O. JOY, AGED 23 YEARS, ARAKKAL HOUSE, WEST OF MANI BAZAR, PALLIPURAM. BY ADV. SRI.THOMAS KACHAPPILLY SRI.P.L.DEVADAS RESPONDENTS: COMPLAINANTS ------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I. OF POLICE, MUNAMBAM POLICE STATION, MUNAMBAM. BY PUBLIC PROSECUTOR, SRI S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1016 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of February, 2008 O R D E R Application for regular bail. The petitioner is the first accused. Altogether there are three accused persons. He faces allegations in a crime registered for offences punishable under Sections 376(g) and 307 I.P.C. 2. The allegations reveal great depravity of mind and wickedness. The alleged incident took place on 24.1.2008. The petitioner, allegedly without any serious intention of marrying the defacto complainant, made a deliberate malicious attempt to defraud her. She was induced to believe that he is in love with her and that he wants to marry her. The gullible defacto complainant was induced to believe that the petitioner is serious in his pursuit. She was induced to go with him on the promise that she will be taken to his parents and arrangements for marriage can be done. But she was not taken to his house, but she was taken to Cherai Beach. It became dark, but the B.A.No. 1016 of 2008 2 petitioner did not take her to his house as promised. The helpless lass was allegedly forced to have sexual intercourse with the petitioner, despite her resistance at the beach. Thereafter, in a wicked attempt to avoid any obligation to continue the courtship with her, he allegedly requisitioned the services of his friends, Accused 2 and 3, who also wanted her to have sexual intercourse with them. She resisted. She made a hue and cry. Then the friends, to silence her, allegedly attempted to tie her shawl around her neck and strangulate her. She escaped from their clutches and ran to the gate of a Resort nearby and complained to the Security Guard. He took her to the Manager of the Resort. Knowing her sad plight, the police was informed. They came to the scene. Crime was registered. The petitioner was arrested on 29.1.2008. Accused 2 and 3 are still absconding. They have not been apprehended. Investigation is in progress. 2. The learned counsel for the petitioner submits that the petitioner is innocent. The allegations raised against him are without any basis. The alleged sexual intercourse with him, even accepting the entire allegations, must be reckoned as one with consent and not B.A.No. 1016 of 2008 3 against her will or without her consent. In these circumstances the petitioner may be granted regular bail, he having continued in custody from 24.1.2008, submits the counsel. 3. The learned Prosecutor opposes the application. He submits that the seriousness and gravity of the allegations are relevant inputs while considering the prayer for grant of bail pending investigation. The allegations reveal a very serious crime. Investigators may be given reasonable further time to complete the investigation. Release of the petitioner on bail at this early stage of investigation, even before the co-accused are arrested, would hamper the smooth course of investigation. This petition may, in these circumstances, be dismissed, prays the learned Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. I am satisfied that at this early stage of investigation, the petitioner is not entitled to be released on bail. The Investigators, in a serious crime like this, must be given sufficient time to complete the investigation, I am satisfied. B.A.No. 1016 of 2008 4 5. This application is, in these circumstance, dismissed. But I may hasten to observe that the petitioner shall be at liberty to move this court or the courts below for bail again at a later stage of the investigation, not at any rate, prior to 7.3.2008. The Investigators shall, in the meantime, make every endeavour to arrest the co-accused and complete the investigation. (R. BASANT) Judge tm