IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Bail Appl..No. 424 of 2009() ---------------------------- SC.651/2008 of ADDL. DIST. COURT (ADHOC)III, PATHANAMTHITTA PETITIONER: ACCUSED IN CUSTODY: --------------------------------------- MONIVARNAN @ MUNI, S/O.DHARMARAJAN, DOOR NO. 424, KAMAKSHIPURAM, THENI, TAMILNADU. BY ADV. SRI.S.M.PREM RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 424 of 2009 ----------------------------------------- Dated this the 2nd Feburary, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Section 376 of the Indian Penal Code. According to prosecution, petitioner committed rape on the de facto complainant on 24.12.2005. Thereafter, he continued physical relationship with her on promise to marry her, when she stated that she will divulge the facts to others. Later, when the girl became pregnant, he absconded from the place on 20.7.2006. 3. This is the third application for bail. As per Annexure- III order, this Court had observed that if petitioner moves the trial court for expeditious disposal of the case, steps shall be taken for the same. Even though petitioner did not move for early disposal, as per Annexure-IV order, learned Additional Sessions Judge was pleased to expedite the trial and the case was posted for framing charge to 31.1.2009. It was observed by the trial court that the case can be disposed of as expeditiously as possible. BA.424/09 2 4. On hearing both sides and in the light of Annexure-IV order, I do not find any reason to grant bail to petitioner at this stage, especially since he was absconding for a long time and he belongs to Tamil Nadu and it is likely that he may abscond again if bail is granted. Petition is dismissed. K.HEMA, JUDGE vgs.